WHEN THE DIFFERENCE IN PAY CAN BE JUSTIFIED AS DEALT WITH IN NATIONAL EDUCATION HEALTH & ALLIED WORKERS UNION ON BEHALF OF SINXO & OTHERS AND THE AGRICULTURAL RESEARCH COUNCIL

In the matter of National Education Health and Allied Workers Union obo Sinxo and Others versus Agricultural Research Council 2017 CCMA (26 January 2017), the Commission for Conciliation, Mediation and Arbitration (“herein after referred to as the Commission”) had to determine whether farm-supervisors were being unfairly discriminated against in terms of the provisions of the … Continue reading WHEN THE DIFFERENCE IN PAY CAN BE JUSTIFIED AS DEALT WITH IN NATIONAL EDUCATION HEALTH & ALLIED WORKERS UNION ON BEHALF OF SINXO & OTHERS AND THE AGRICULTURAL RESEARCH COUNCIL

The Consumer’s remedies where he has been sold defective goods after 31 March 2011 under an installment sale agreement governed by the National Credit Act with reference to the case of MFC v Botha.

Thousands of South African have experienced problems with the infamous installment sale agreement. The most common example is when a consumer buys a motor vehicle from a motor dealership. The consumer does not have the funds to purchase the vehicle cash as a result of which the all too eager motor dealership helps ensure that … Continue reading The Consumer’s remedies where he has been sold defective goods after 31 March 2011 under an installment sale agreement governed by the National Credit Act with reference to the case of MFC v Botha.

Important new amendments to the Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 – as amended by the Judicial Matters Amendment Act 8 of 2017, which came into effect on 8 August 2017.

With the new amendments to the Institution of Legal Proceedings Against Certain Organs of State Act, it seems creditors will have to gear themselves for more delays in recoveries against the State. Litigation against the State can be a tedious time consuming process. As Attorneys who specialise, inter alia, in Insurance law and specifically recoveries … Continue reading Important new amendments to the Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 – as amended by the Judicial Matters Amendment Act 8 of 2017, which came into effect on 8 August 2017.

Restraint of trade clauses: are they practical to enforce?

Many employment contracts, especially in the software design industry, contain so-called Restraint of Trade clauses to protect a company’s trade secrets and specialised know-how from being exploited when a former employee leaves or is head hunted by a competitor. But in a super connected world where information is a currency one should seriously consider whether … Continue reading Restraint of trade clauses: are they practical to enforce?

Electronic signatures worth the screen they are signed on

People sometimes opine that contracts aren’t worth the paper it is written on, and considering paper’s evolution since it was made by the Chinese in 105 A.D. it is clear that the anticipated contractual consequences must have been worthless indeed. But paper, times and technology change. These days’ people may wonder if contracts are worth … Continue reading Electronic signatures worth the screen they are signed on

The Companies and Intellectual Property Commission’s own initiative to apply for an order to declare a director delinquent.

In the matter of The Companies and Intellectual Property Commission v Creswell and Others [21092/2015] (hereinafter “Cresswell”) (Judgment 27 March 2017), the Companies and Intellectual Property commission (hereinafter “the CIPC”), brought its first ever successful application for an order to declare a director delinquent in terms of section 162 (3) of the Companies Act No. 71 of 2008 (hereinafter “the Act”).

Prescription And The (Timeous) Issuance Of Summons

Prescription is one of those terms in practice which has struck fear into every attorney at some or other stage during their career. That fear of knowing that if you don’t issue summons timeously, your client’s claim will be extinguished forever. Various attorneys have ended up on the wrong side of prescription, having had their client’s claim prescribed either as a result of their own wrongdoing or their client’s negligence.