During the height of the 2020 Covid-19 pandemic, the employer, Concrete Lining Products, decided to close down operations from 25 March to 16 April 2020 whilst continuing to pay its employees in full for that period, with the amount paid to be offset against the employees’ annual leave for days not worked.  

The applicant

Attorneys are creatures of their client’s instructions. If attorneys overstep or fail to follow their client’s instructions, it may lead to significant consequences. The Constitutional Court has re-affirmed that if an attorney acts contrary to the express instructions of their client, they act contrary to the actual authority given to them. The applicant was therefore

In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor.

Employers need to be wary of employees who breach restraint of trade clauses and