Verushka Reddy

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Historical knowledge insufficient to enforce an anticipatory breach of restraint of trade

By Verushka Reddy on April 5, 2023 Posted in General

This blog was co-authored by: Muhammad Mirza, Trainee Associate On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s competitor. … Continue reading

Bending the CCMA Rules

By Michael Balie and Verushka Reddy on March 3, 2023 Posted in General

This blog was co-authored by: Jessica Blunden, Candidate Attorney Aimed at regulating proceedings in the Commission for Conciliation, Mediation and Arbitration (CCMA), the CCMA Rules serve a vital function. However, in the recent judgment of the Labour Court, the Labour Court declined to uphold the enforcement of the CCMA’s rule regarding objections to the con/arb … Continue reading

Changes to BCEA Earnings Threshold and to National Minimum Wage Act from 1 March 2023

By Verushka Reddy and Zaid Majiet on March 1, 2023 Posted in General

The Minister of Labour has determined that from 1 March 2023, the earnings threshold under the Basic Conditions of Employment Act, 1997 increased from R224 080.48 per annum (approximately R18 673.37 per month) to R241 110.59 per annum (approximately R20 092.55 per month). The national minimum wage increased from R23.19 per hour to R25.42 for … Continue reading

Absence of picketing rules does not affect the lawfulness of a strike

By Verushka Reddy on October 18, 2022 Posted in General

This blog was co-authored by: Mduduzi Sibiya, Candidate Attorney The 2019 amendments to section 69 of the Labour Relations Act, 1995 provide that no picket in support of a protected strike or in opposition to a lockout may take place in the absence of picketing rules. The picketing rules may be agreed to or determined … Continue reading

Must a union hold a secret ballot before calling a strike?

By Verushka Reddy on June 22, 2020 Posted in General

An attempt to stop NUMSA from calling a strike because it had not held a secret ballot failed. In the matters between NUMSA and Mahle Behr and NUMSA and Foskor with AMCU as amicus curiae the Labour Appeal Court had to determine whether in the absence of compliance with the transitional provisions of the Labour … Continue reading

Referral of an unfair dismissal dispute v an automatically unfair dismissal dispute – does it matter?

By Verushka Reddy and Kriyanka Reddi on May 13, 2020 Posted in General

It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form. The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU … Continue reading

Five cost cutting measures to sustain your business and safeguard your employees

By Verushka Reddy, Kriyanka Reddi and Mandisa Duma on April 28, 2020 Posted in General

The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is … Continue reading

Ten essential terms of secondment agreements

By Verushka Reddy and Kriyanka Reddi on April 28, 2020 Posted in General

Secondment agreements allow for an employer to assign an employee to another organisation for a specified duration, for purposes of developing good business relationships; enhancing an employee’s particular skill set or for sharing the particular expertise of that employee with the host company. The employer and host company are required to enter into a secondment … Continue reading