KVV Inc AttorneysA vague restraint of trade clause is unenforceable! A SA High Court case shows a "2 year 8km restriction" was too unclear to protect an employer. Don't DIY; get professional legal help to draft valid, specific clauses.
KVV Inc AttorneysA new demerit system under South Africa's AARTO Act is coming soon, impacting all drivers and businesses. Points are accumulated for traffic offenses, and 13 points lead to license suspension (3 months per point over 12), with three suspensions resulting in cancellation. Even minor offenses can quickly add up. Points are reduced by one per 3-month clean driving period, and fines are discounted 50% for early payment.
KVV Inc AttorneysSouth Africa's National Minimum Wage (NMW) increased by 6.9% to R23.19 per hour on March 1, 2022, impacting farmworkers and domestic workers equally. Exceptions exist for public works program workers (R12.75/hour) and learners. Unilateral changes to employment conditions to implement the NMW are illegal. Domestic workers' wages aligned with the NMW, reaching R3,895.92 monthly based on a standard work month. The annual earnings threshold, above which some Basic Conditions of Employment Act protections are lost, rose to R224,080.48. This threshold also affects labor broker employment, fixed-term contracts, and dispute resolution under the Employment Equity Act.
KVV Inc AttorneysRacism is a grave offense, and employers must protect employees from it. Social media fuels racial hatred and violence, making online posts a serious matter. A recent case highlights this: an employee was dismissed for a racist Facebook post, even made off-duty. The court upheld the dismissal, emphasizing the severity of such comments, the employer's duty to protect staff, and the potential reputational damage. "Think before you post" is crucial, as misuse of social media can lead to dismissal or legal action.
KVV Inc AttorneysAn employee's dismissal for running a secret biltong business was upheld by the Labour Appeal Court. Despite the side business not directly competing with her employer's meat products, the court emphasized the employee's "duty of good faith." Her failure to disclose this "material activity" constituted a breach of this duty, regardless of her work performance. Employers should implement clear policies on secondary employment, while employees should be transparent about any outside ventures to avoid potential dismissal for acting in bad faith.
KVV Inc AttorneysMoonlighting, or holding multiple jobs without employer consent, is a serious offense in South Africa. The Labour Court has affirmed that it breaches an employee's duty of good faith, even without a specific company policy. Employers have the right to decide whether to allow it and under what terms. Nondisclosure is unacceptable, and while dismissal isn't always the consequence, it's likely when trust is broken and wrongdoing denied. Employees must disclose any outside work and obtain written consent to avoid dismissal. Employers should consider clear policies on conflicts of interest, including moonlighting, and seek legal counsel.
KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.
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KVV Inc. Attorneys: Celebrating 10 Years of Excellence in Property Law and Conveyancing.
Fostering Partnerships,
Driving Results.
© KVV Inc. Attorneys 2025.
All Rights Reserved. Privacy Policy | POPIA