Employees must put employer’s interests first

26th May 2017

Employees must put employer’s interests first

South African labour legislation gives employees a plethora of rights against the employer including the right to:

On the other hand labour legislation gives employers few rights; and those that they do have are very restricted.

An important employer right is that of fiduciary duty. This means that the employee may not advantage himself/herself unfairly at the expense of the employer. For example, the employee may not:

In deciding on the extent of fiduciary duty that an employee has the courts consider a number of factors including:

Clearly, the more junior the employee the less these fiduciary factors are likely to prevail. However, the line between who is a senior employee and who is not and the line between who is in a position of trust and who is not are blurred. Therefore, every employer should:

To attend our 29 June 2017 seminar in Johannesburg on CHANGES AND DANGERS IN LABOUR LAW 2017 please contact Ronni at ronni@labourlawadvice.co.za or on 0845217492 or (011) 782-3066.

Written by Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za.