Employers should seriously consider taking legal advice before making a decision to dismiss employees partaking in an unprotected strike, which could lead to substantial financial consequences for the employer. In a reported Labour Court judgment delivered on 20 February 2014, National Union of Metalworkers & Another v Lectropower (Pty) Ltd (case number JS119/13), the Court … Continue reading EMPLOYERS BEWARE! DISMISSAL OF WORKERS PARTAKING IN AN UNPROTECTED STRIKE MIGHT BE UNFAIR DISMISSAL.
Section 12 (3) of the Prescription Act 68 of 1969 provides that “a debt shall not deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises, provided that a creditor shall be deemed to have such knowledge if he could have … Continue reading WHAT CONSTITUTES DEEMED KNOWLEDGE IN TERMS OF SECTION 1 (3) OF THE PRESCRIPTION ACT, WITH REFERENCE TO THE CASE OF LONI V MEC FOR DEPARTMENT OF HEALTH EASTERN CAPE, 2018 ZACC 2
In the case of Smith v The Kit Kat Group (Pty) Ltd  12 BLLR 1239 (LC) an employee was disfigured and suffered from a speech impediment arising from an attempted suicide. His employer initially indicated that they wanted him to return to work, but later refused to allow him to resume work on the … Continue reading UNFAIR DISCRIMINATION BASED ON DISABILITY
The case of Dladla comes with a very long history. In short the applicants in the Court a quo were some 11 of 33 occupants of an interim shelter that they were relocated to after being evicted from an initial property which they illegally occupied for some 20 years. In the initial legal battle between … Continue reading CAN A SHELTER LIMIT THE OCCUPANTS’ RIGHTS TO DIGNITY, FREEDOM, SECURITY AND PRIVACY IN TERMS OF THE LIMITATION SECTION AS ENVISAGED IN THE CONSTITUTION WITH REFERENCE TO THE MATTER OF DLADLA AND OTHERS V CITY OF JOHANNESBURG AND ANOTHER 2018 (2) SA 327 (CC); 2018 (2) BCLR 119 (CC):
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
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.
Doctors often emphasize that it is the aftercare, subsequent to surgery or any other major medical procedure that determines the success of any medical intervention or treatment.
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.
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?
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