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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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Employers often enter into employment relationships with employees with the primary objective of advancing their financial interests.
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South Africa is a country rich in heritage resources that deserve special protection to ensure their preservation for future generations of South Africans. The National Heritage Resources Act was enacted in 1999 to give effect to the need for the country’s heritage resources to be protected and preserved.
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I am honored to have been elected Chairperson of FASA for 2023/2024. During this period, I together with the CEO of FASA will aim to bridge the gap between the recent eventful past few years with a determined effort to use franchising to kick-start new economic growth and encourage entrepreneurial positivity at all levels. This will include franchise development and penetration throughout South Africa.
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The procedure that one is to follow when seeking an order for the eviction of an unlawful occupier is provided for in the Prevention of Illegal Eviction from and Unlawful Occupation of Property Act (“PIE Act”).
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In the recent judgment Cooper N O and Another v Curro Heights Properties (Pty) Ltd [2023] ZASCA 66, the Supreme Court of Appeal (SCA) highlighted again why it is so important that any purchase of land complies with the law.
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Employers have a common law duty to maintain discipline in the workplace. However, this duty does not come without its challenges. An example would be, what do you do where you (the employer) suspect that employees are collectively involved in committing misconduct? How far do you go with the investigations and what should your investigations reveal to ensure that the employer is successful at the CCMA, as well as mitigate further risks.Recently the Labour Appeal Court, in the matter of South African Commercial Catering and Allied Workers Union and Others v Makgopela and Others (JA38/2021) [2023] ZALAC 8 (14 March 2023), examined this. The matter concerns the dismissal of a group of employees due to shrinkages at their stores over a period of at least three months in 2016.
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