10 Documents required for a company registration in South Africa
If you are thinking about a company registration in South Africa then your have most probably asked yourself; What documents are required for the incorporation of a company? The following list describes the different documents that will have to be prepared and filed with the Commission to incorporate a new company: It is important to […]
Can employees be banned from recording communications in the workplace
The courts have confirmed that employers do have the right to discipline employees for unlawfully recording workplace activities, where there is a business interest for doing so – it was on this basis that the employee’s dismissal was upheld in NUMSA and Another v Rafee N.O. and Others [2017] 2 BLLR 146 (LC). In the above […]
General outline and checklist for Joint Ventures
Joint Ventures in South Africa require you to take legal consideration before starting. In the post we provide you with a general outline and checlist. JOINT VENTURES: PRELIMINARY MATTERS What is the station of deliberations between the parties to date? Is a confidentiality undertaking required from either, both or all the parties or their affiliates? […]
Effect of Business Rescue on Employees and Contracts
Section 136 of the Companies Act sets out the effect of business rescue on employees and contracts, providing the legal framework for how employment relationships and existing contractual obligations are treated when a company enters financial distress. Because the purpose of business rescue is rehabilitation rather than liquidation, the Act aims to protect employees by […]
Protection for Whistle Blowers (Section 159 of the Companies Act, as Amended)
We see that any provision of a company’s Memorandum of Incorporation or rules, or an agreement, is void to the extent that it is inconsistent with, or purports to limit, set aside or negate the effect of this section 159. From a proper reading thereof, it is save to concluded that it applies to any […]
Retrenchments in terms of Sections 189 of the Labour Relations Act
Retrenchments are becoming a “normal” thing in modern South Africa. Often employers find themselves in difficult financial positions. The employer sometimes has no choice but to retrench some of its employees in order for its business to continue. Some employers however try to use retrenchments to get rid of employees, instead of following eg. Disciplinary […]
Remedies for Unfair Labour Practice
In terms of Section 193(4) of the LRA, we see that it is directed that an arbitrator appointed in terms of this Act may determine any unfair labour practice dispute referred to the arbitrator, on terms that the arbitrator deems reasonable, which may include the following: ordering re-instatement; re-employment; or compensation. It is indeed so […]
What written particulars must the employer supply to an employee?
An employer must supply a a new employee with written particulars when employment commences. In this post we look at what is required by the Basic Conditions of Employment Act. In terms of Section 29 of the BCEA, the employer must supply the following particulars in writing, namely: the full name and address of the […]
What payments are an employee entitled to upon termination of employment
What payments are an employee entitled to upon the termination of his or her employment and what is the meaning of a certificate of service in South Africa. Regarding the first part of the question, we need to turn to Section 40 of the Basic Conditions of Employment Act, Act No.75 of 1997, which directs […]
Employee rights during and after internal disciplinary enquiry
What employee rights does an employee have prior to, during and after an internal disciplinary enquiry? It is amazing how many employees do not know that he or she has a right to a disciplinary enquiry that is procedurally fair. Remember, the employer has no right to ambush the employee during an internal disciplinary enquiry. […]