Unlawfully forcing an employee to retire at “normal retirement age” could amount to automatically unfair age discrimination – and lead to the employer paying out a compensation order of two years’ earnings.
Business Advice
We list the basic legal requirements for the validity of the restraint of trade clause.
Everyone knows about the very strong employee protections provided by our employment laws. But we aren’t all as clear on when an employer is legally justified in hiring someone on a fixed term contract basis rather than on the standard “permanent employee” basis.
Employers and their employees should be aware of the increases from 1 April 2025 in the “Earnings Threshold” provided for in the Basic Conditions of Employment Act (BCEA).
As Business Email Compromise (BEC) fraud surges, recent High Court decisions have been clear – it is you as debtor who must “seek out your creditor,” or carry the loss if a scammer strikes.
We share some thoughts on how to strengthen your own disclaimer notices, in the context of a recent High Court decision in which a customer sued for damages after slipping on a wet floor in a McDonald’s restaurant.
Retrenchment is at best an unpleasant and disruptive business for all concerned – and it can cost employers a great deal of money in the form of severance pay.
As a company director you must comply with a plethora of legal and fiduciary duties, so it’s essential to manage your risk of being sued personally for company debts and losses.
Can you dismiss an employee simply for being unable, on religious grounds, to work when you need them to work?
Each year, the CCMA sees cases where employers and employees clash over unpaid bonuses. We explore whether South African law requires you to pay a bonus.