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Restraint of trade agreements: Does an employer waive its restraints when dismissing an employee?
On 27 October 2025, the Labour Appeal Court (“LAC”) gave reasons for why it enforced a restraint of trade agreement on 30 July 2025, in the matter of Backsports (Pty) Limited v Motlhanke and Another (JA2025/091548) 2025 ZALAC 50 (27 October 2025).
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On 22 June 2022, BusinessTech posted an article relating to recent discussions between South Africa’s Labour Unions and the Government to equalise the national minimum wage across sectors in South Africa. We can only assume this is prompted by the recent changes to South Africa’s minimum wage for 2022 (Government Gazette No. 45882 of 07 February 2022), where a new national minimum wage of R 23.19 for each ordinary hour worked was announced.
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Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. We are pleased to have our team members recognised with 5 awards for 2023.
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Home affairs has of late ramped up its investigation into all companies that employ foreigners. Inspectors enter companies and ask for a list of all employees and their proof of identification. All foreign employees are then required to provide their valid visas or asylum documents.
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Employers and employees alike stand to gain from understanding the effects of the Section 198B Labour Relations Act 66 of 1995 (LRA) which came into effect in 2015. Employers can land themselves in hot water and employees can be taken advantage of if they are not familiar with this section of the Act.
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