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Judgment rules enforcement of credit agreements must be in debtors' jurisdiction

A class of emolument attachment orders has been declared unconstitutional in a judgment delivered on 8 July 2015 in the case of The University of Stellenbosch and 15 Others v The Minister of Justice and Correctional Services and 17 Others (Case Number 16703/14). The court ruled that in proceedings brought by a creditor for the enforcement of any credit agreement to which the National Credit Act, No 34 of 2005 applies, s45 of the Magistrates' Court Act, No 32 of 1944 (Magistrates' Court Act) does not permit a debtor to consent in writing to the jurisdiction of a Magistrate's Court, other than one in which that debtor resides or is employed.

By Preshan Singh-Dhulam 30 Jul 2015 11:53

Pay Equality seminar unpacks new regulations' challenges

The recent major changes of the Labour Relations Act (LRA), the Employment Equity Act (EEA) and the associated regulations regarding equality in pay and benefits may present challenges to employers who have not taken the necessary steps to prepare for them. Failure to comply could have negative consequences for a business's finances and legal standing, team morale, company reputation and employee turnover.

30 Jul 2015 10:49

Pros and cons of social media at work

Social networking platforms such as Facebook, Myspace, Twitter and LinkedIn have grown phenomenally and many employees maintain an almost permanent online presence. It is easy to spend hours checking and updating internet accounts. When one considers the fact that access to the workplace internet facilities also allows employees to indulge in non-work related browsing, it is easy to see why employers may be hesitant to grant unrestricted right of access to their workplace internet facilities.

By Nicci Whitear-Nel 29 Jul 2015 15:59 launches BizTrends 2016 at Leaderex - launches BizTrends 2016 at Leaderex

A stellar line-up of industry leaders will discuss current trends in the marketing communications industry, as well as do some crystal ball gazing for 2016 at's special trend event on 17 September 2015 at the Sandton Convention Centre.

Issued by 29 Jul 2015 11:10

Rishal Bipraj
New employers may be able to enforce restraints of trade

Restraints of trade relate to restrictions applied to employees to maintain confidential business secrets of the employer. They are enforceable by the employer through employment contracts.

By Rishal Bipraj 28 Jul 2015 18:58

Pension Funds Adjudicator dismisses complaint on withdrawal benefit

A worker, who had been dismissed on suspicion of fraud, has failed in his attempt to claim a withdrawal benefit after the Pension Funds Adjudicator (PFA) rejected his complaint. The worker complained to the PFA that his previous employer had effected a deduction from his withdrawal benefit, following the termination of his service.

28 Jul 2015 13:04

Labour Court rules on 'maternity' leave for fathers
Labour Court rules on 'maternity' leave for fathers

The case MIA v State Information Technology Agency (Pty) Ltd (D 312/2012) [2015] ZALCD 20 turned on whether an employer's refusal to grant a male employee 'maternity leave' amounted to unfair discrimination on the grounds of gender, sex, family responsibility and sexual orientation in terms of s6 of the Employment Equity Act, No 55 of 1998.

27 Jul 2015 14:49