Civil Litigation and Alternative Dispute Resolution

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Class Action

The Requirements to bring a Class Action in South Africa

Introduction Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements. With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone […]

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Property Practitioners Bill

The Landlord’s role in exclusivity and anti – competitive clauses in retail lease agreements

Introduction Shopping centres are an integral part of the South African landscape with customers and retailers thriving in a one-stop convenience and experience location.Tenant mix is vital to any potential retailer who considers letting space in a shopping centre. It informs whether the intended target market is a consumer at the particular centre and what […]

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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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