Enforceability Of Restraint Of Trade Agreements
Restraint of Trade Agreements (hereinafter referred to as “Agreements”) are included in Employment Contracts to protect the interests, business acumen and trade secrets of Employers when Employees terminate their employment. Employees are thus restricted from working for their Employer’s competition upon termination of their employment.
BBBEE compliance: the construction sector code – what you need to know
In October 2013, the revised Broad-Based Black Economic Empowerment (“Generic BBBEE Codes” or “Codes”) Codes were gazetted by the Minister of Trade and Industry (DTI). In April 2015 these (new) Codes came into operation (“new codes”) thereby replacing the existing BBBEE Codes of Good Practice (“old codes”).
The National Credit Act: How The Right To A Cooling-off Period Is Limited
We often hear about people entering into Agreements which they later tend to regret. People find themselves having to commit to monthly instalments in respect of debts or spending their hard-earned monies fulfilling contractual obligations which they could have avoided at an earlier stage after entering into the Agreements. In terms of National Credit Act No. 34 of 2005 (NCA), a Cooling-off period is the right to cancel or rescind an Agreement without having to provide reasons. If a Party to…
Conflicts Surrounding The Appointment And/or Removal Of Executors
In terms of the Administration of Estates Act 66 of 1965, as amended (hereinafter referred to as “the Act”), an Executor is the appointed person who is responsible for the winding up of a Deceased Estate. This involves ascertaining all the assets, settling liabilities, as well as obtaining assets and distributing them to the heirs or legatees in the Estate. It often happens however, that two or more people may be appointed as co-Executors of an Estate, or that an Executor acts in a way which…
Sexual Harassment – A Quick Guide For Employers
It is of paramount importance that sexual harassment be dealt with properly by all Employers in the workplace. Much needed guidance was given to Employers when the Code of Good Practice for the Handling of Sexual Harassment Cases was published in the Government Gazette in 1998. This Code was amended and published in the Government Gazette on 4 August 2005. The Amended Code failed to repeal the Code that was published in 1998 and created uncertainty as a result thereof. The Labour Appeal…
Employing Foreign Nationals in South Africa: What You Need to Know — Workshop17 | Workspace Solutions
Introduction Today it is increasingly popular for businesses to employ foreign nationals in South Africa. Whether for specific skill sets or other reasons, these can prove to be an invaluable asset. A key question for employers then, is what compliance is required by law to employ foreign nationa
Feature Post: BBBEE Compliance for Multinational Companies — Workshop17 | Workspace Solutions
Compliance with BBBEE is a turnover- based consideration. Businesses are categorised into 3 levels for this purpose, namely: Exempt Micro Enterprises (“EME”), Qualifying Small Enterprises (“QSE”) and Generic Enterprises (“GENERIC”). EME’s compliance is much more lenient than the other levels. QSE’s