Gaining clarity on your contractor arrangements

By Jevita Derby

Introduction

The line between an employer-employee relationship and a principal-contractor relationship can sometimes be very blurry. The label you attach to the worker holds very little weight when determining the correct nature of the working relationship.

Is your organisation social media proof?

By Jevita Derby

INTRODUCTION

Embracing social media can have a variety of benefits for organisations (see our article “Using social media to enhance your recruitment process”), but social media also has many inherent risks associated with it. Organisations must be proactive in their management of this dynamic technology in order to mitigate the risks and harness the technology to gain a competitive advantage.

This article outlines the risks that social media creates for organisations and what organisations can do to moderate these risks.

Are your restraint of trade clauses enforceable?

By Jevita Derby

OVERVIEW

Restraint of trade clauses have traditionally been difficult to enforce. Such restraints are presumed to be unenforceable unless the employer can establish that the clause is reasonable.

For example, a restraint of trade clause would not be enforceable if it existed merely to protect the employer from competition from an ex-employee, or to prevent a valued employee from being employed elsewhere.