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Conciliation Proceedings: No show for the Respondent!
Conciliation is a crucial stage of resolving labour-related issues in a speedily and cost-effective manner, especially for the benefit of the parties, but more importantly, the vulnerable employees' sector of our society. The Labour Relations Act, 66 of 1995 (the...
The Use of Electronic Signatures for E-Commerce
Originally, seals were affixed to documents as a means of authenticating the content within documents. Thereafter, signatures were attached to documents for this purpose. We are currently in the electronic age, where large numbers of electronic documents are created....
Court overturns BBBEE pre-qualification
It has become a usual requirement for tenders to have pre-qualification criteria, especially including its BBBEE compliance level. The recent supreme court of appeal case, Afribusiness NPC v The Minister of Finance (Case no 1050/2019) [2020] ZASCA 140 (2 November...
Thinking of resigning because continued employment has become intolerable – think again
More often than not, where an employee resigns because continued employment has become intolerable to such an extent that the employee has no other alternative but to resign, such employee will claim constructive dismissal. The reality is, constructive dismissals are...
Ways in which businesses can approach the uncertainty of different majorities required in order to amend a business rescue plan (‘BRP), or to adjourn a meeting concerning a BRP:
Section 151 of the Companies Act 71 of 2008 requires a business rescue practitioner to convene and preside over a meeting of creditors within 10 days after publication of the proposed BRP - in order to adequately consider the BRP. However, the Companies Act then...
A lucky escape, or not so much: resigning with immediate effect to avoid disciplinary action
It has now become a norm that an employee will render their resignation with immediate effect in the hopes of avoiding the consequences of being dismissed for misconduct, and thus, free themselves from the constraints of a stained disciplinary record that may ruin...
Sectional Title Schemes Management Act: Part 2 Body Corporates
In the previous article on the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act), the role players, functions and powers associated with body corporates were briefly explained. In this article, I will discuss a few additional key...
First comes love, then comes … contracts?
Wedding planning and dreaming of the future is a combination of stress, nerves, and oh so much excitement! Yet couples on their way to happily ever after often forget the weighty decisions that need to be made, such as the matrimonial property regime that they will be...
Legal Ethics Under Scrutiny
A former attorney accused of embezzling over plus-minus, 6 million rand from the Road Accident Fund has been released on bail for 10 thousand rand earlier this month. He was allegedly arrested by the Hawks after they received a tip-off warning them of his alleged...
Sectional Title Schemes Management Act: Part 1 Body Corporates
In 2011 the Sectional Title Schemes Management Act (hereinafter referred to as the Management Act) was assented to by then-President Jacob Zuma. The need for the Act was created by the extensive use of the format in the property landscape. Although there already...
The Fine Line Between Negligence and Poor Performance
Gross negligence is a form of misconduct that allows for summary dismissal if found guilty. But often employees are left speechless, unaware that what they had done or failed to do had amounted to gross negligence. To attempt to avoid a claim for unfair dismissal,...
The Difference between Distribution and Agency – Which is the Best Growth Strategy for your Business?
26 January 2021 at 11:00 Tickets Cost: R100 Defining Agency versus Distribution Applications of Agency and what to look out for Applications for Distribution and what to look out for Unpacking the Resources you will need to implement Agency and/or Distribution as a...
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