Civil Litigation and Alternative Dispute Resolution

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condonation

Condonation Applications at the CCMA-What Employers should know

Introduction The Commission for Conciliation, Mediation and Arbitration (hereafter referred to as “CCMA”) was established so that Employees will have a forum whereby they can refer their disputes to. The CCMA would then attempt by conciliating, mediating and arbitrating to resolve the dispute between the Employees and their Employers. The CCMA Rules determine the time […]

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evidence

Preventing the Destruction of Evidence

Introduction Evidence is a crucial element in all areas of the law, more specifically in civil litigation and/or criminal cases. Evidence is important as it will indicate to the Court that the facts are in your favour and that you have a strong case. But what can you do if the evidence you require is […]

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Medical Certificates

Fraudulent Medical Certificates- what can Employers do?

Introduction During this time of the year many Employees and Employers are struggling with extreme exhaustion and in some cases are even on the brink of burn-out. This becomes problematic when these exhausted Employees do not have any annual leave left to apply for. Some Employees would then arrange “a paid-for holiday” for themselves by […]

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strike

The Right to Strike- Balancing Conflicting Rights

Introduction The right to strike has been contentious for many years. Many argue that it gives Employees too much power over their Employers. Many Employers succumb to the pressure placed upon then by their striking Employees by agreeing to demands that are not sustainable. How would one then go about balancing the rights of Employees […]

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legalisation, authentication and apostillisation

The Turquand Rule – Applicable when contracting with Government?

Introduction   The Turquand rule originates from  Royal British Bank v Turquand (1856) 6 E&B 327. It is a UK Company Law Case that determined that people transacting with Companies are entitled to assume that Internal Company Rules are complied with, even when they are not.   The question is though – does this apply […]

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