by Allardyce-Partners | Feb 18, 2019 | Articles, Labour Law
Why and How to Prepare for a Disciplinary Hearing as an Employer or Employee Whether you are an employee on the receiving end of a notice to attend a disciplinary hearing or are the employer, you need to prepare for a disciplinary hearing. Employees win many dismissal...
by Allardyce-Partners | Feb 18, 2019 | Articles, Labour Law
When is a Restraint of Trade Clause Enforceable? The restraint of trade is a clause in the employment contract to protect the employer against infringement of its proprietary interest, such as trade secrets, customer contacts, trade expertise, and pricing regimes. It...
by Allardyce-Partners | Feb 18, 2019 | Articles, South African Law
Construction in South Africa today is a challenge for contractors, subcontractors, quantity surveyors, architects and project managers to mention a few. At Allardyce and Partners we understand that getting paid on time is essential for cash flow and to ensure the...
by Allardyce-Partners | Feb 13, 2019 | Articles, South African Law
***The new amendments to the Basic Conditions of Employment Act significantly extend the jurisdiction of the CCMA to enforce the provisions of the BCEA and the New Minimum Wage Act. The previous position when claiming the underpayment and/or non-payment of salaries...
by Allardyce-Partners | Jan 31, 2019 | Articles, South African Law
The sanctity of the arbitration process in terms of an NEC3 agreement. The courts respect the provisions of arbitration agreements. NEC contracts are a family of standardised contracts that are published commercially in the United Kingdom (the term “NEC” is an acronym...
by Allardyce-Partners | Jan 23, 2019 | Articles, Labour Law
The Pitfalls to Avoid with Unfair Dismissals If an employer is found guilty of a procedural or substantial unfair dismissal of an employee, then according to the Labour Relations Act, the employer may be required to pay up to 12 months’ remuneration as compensation...
