Civil Litigation and Alternative Dispute Resolution

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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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mental health

The real meaning of clients not paying

As an entrepreneur, building a successful and sustainable business is a massive challenge in itself. Not to mention the additional challenge posed by late or non-paying clients. True, there are various reasons for clients not paying, ranging from larger economic factors, to Terms and Conditions (“T&C’s”) and to the client’s personal situation. It is therefore […]

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cannabis

Cannabis- Is it legal to consume it in the workplace?

The recent Constitutional Court judgment legalising the consumption of cannabis by adults in their own homes, changed the South African landscape forever. ACJ Zondo stated that: “the right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her own personal consumption to the extent that the […]

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