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Labour law false allegations

Basic Conditions of Employment Act Amendment Bill 2017

The Basic Conditions of Employment Act No. 75 of 1997, as amended (the BCEA), which gives effect to the right to fair labour practices referred to in Section 23 of the Constitution by establishing and making provision for the regulation of basic conditions of employment, may see certain amendments in the coming weeks. The Amendment […]

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Amended Alternative Dispute Resolution Regulations in the Electronic and Transactions Act

The Minister of Telecommunications and Postal Services has, with effect from earlier this month, on 10 November 2017, officially amended the regulations in respect of Alternative Dispute Resolution (ADR) in the Electronic Communications and Transactions Act No. 25 of 2002, as amended (hereinafter the “ECT Act”). These amendments have been substantially influenced by the United […]

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Derivative misconduct and collective disciplinary enquiries

In a recent Labour Court ruling of Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others, the Judge held that an employee bound implicitly by a duty of good faith towards the employer, breaches that duty by remaining silent about knowledge possessed […]

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nominated and selected subcontractors

Consumer protection in respect of construction contracts

The Consumer Protection Act No. 68 of 2008 (the “CPA”) has been in effect since 2011, however, long before this Act, there have been other legislation around to protect consumers in the building and property law industry. One of these pieces of legislation in construction law in South Africa  is known as the Housing Consumers […]

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construction contracts

Guarantees in construction contracts

In the construction industry, as with many other industries, guarantees are used as security for the payment of compensation and to secure the performance of the obligations of the employer and/or the contractor in the underlying building contract. In construction contracts, it is far more common to secure the performance of the obligations of the […]

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