C&A Friedlander Attorneys

Restraints of trade, what does it mean?

Restraints of trade are used in South Africa by employers in an attempt to protect themselves from erstwhile employees using their insider knowledge to undermine them in the market. Or at least that is what they are supposed to do. These types of agreements or clauses (as they are generally put in employment contracts as […]

The amendment to the Employment Equity Act

The Employment Equity Act (EEA) was enacted to promote equal opportunity and eliminate unfair discrimination in the workplace. The Act has undergone several amendments since its inception in 1998. The latest amendment will be coming into effect in 2023. These amendments impose new obligations on employers and require them to take more proactive steps towards […]

Challenge the fairness of a retrenchment process using section 189A(13)

The Covid-19 pandemic brought about strict regulations and directives that restricted the travel and everyday operations of various companies in South Africa. This forced companies to develop a new business module, which, in turn, resulted in large groups of staff being retrenched. The common theme during this period, which lasted from about 23 March 2020 […]

How to claim your unpaid salary

Written by: Katleho Leeuw During 2020, under the strict Lockdown conditions, businesses were left unable to operate at normal capacity, which resulted in an increase in unemployment and unpaid wages as the South African economy was struggling. Considering the above, for an employee in the South African economy, it is crucial that you are aware […]

Lie detectors and labour law

Written by:  Cornel van der Westhuizen Employers seeking clues as to the possible misconduct of their employees have often resorted to polygraph testing. These tests may provide some insight into an employee’s guilt or suspected unlawful actions, although the answers they receive may not be as reliable as the average person might think. Movies and […]

The importance of a consolidated Covid-19 policy in the workplace

The relief experienced following the president’s announcement that the country would move to Alert level-2 was greeted with great excitement; many immediately ensured the necessary arrangements were made with relatives to regain a semblance of normality- with visiting family, stocking up on cigarettes or a beverage of choice and preparing for a return to the […]

National Minimum Wage Act and Its Consequences

For most of us, the 1st of January 2019 followed a routine night of year-end festivities and marked the beginning of our newfound optimism for the year ahead. However, the 1st of January 2019 was no ordinary date.  It marked the date which saw significant developments in the South African labour law landscape, as it […]

Is your Restraint of Trade agreement reasonable?

A subject that is shrouded in confusion, however, present in most commercial agreements and employment contracts is the issue of a Restraint of Trade (“ROT”). ROT’s are used to provide the employer with reasonable and legitimate protection against exploitation of its proprietary interests, including but not limited to, the company’s goodwill, confidential information and client […]

Lack of labour law knowledge could put your new business at risk

Contemporary employers and nascent commercial entrepreneurs should take extra care and diligence in familiarising themselves with the provisions of the Labour Relations Act 66 of 1995 (as amended) (‘LRA”) and Basic Conditions of Employment Act 75 of 1997 (“BCEA”) or their fledgling business could be exposed to numerous CCMA referrals and employee-dissatisfaction and/or unrest. While […]

CAN I STILL MAKE A CASE OF UNFAIR LABOUR PRACTICE IF I HAVE SETTLED?

In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse […]