Tag ArchivesMax Rainer
mental health

What is business rescue?

Introduction As businesses frequently encounter more and more financial difficulties, business rescue has become an increasingly more frequent occurrence. However, it is essential to understand the nature of business rescue and the implications thereof. This article will attempt to give a brief and broad overview of business rescue.  What is Business Rescue? Business rescue is […]

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Labour law false allegations

Labour brokers and temporary employment services: what are they?

Introduction It has long been common practice for employers to make use of so-called employment agencies or temporary employment services (“TES”). Typically, this is where an employer would approach a third party to supply temporary or short-term employees for a specific period or project. This article will explore the relationships between the various parties in […]

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Contracts

Contracts and The Passing of Risk

  Introduction It is often the case that when parties conclude a contract of sale, that the time manner and place of delivery can vary. It is therefore important to regulate which of the parties will bear the risk prior to delivery and under what circumstances. One such tool for this regulation is a distribution […]

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Contracts

CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Class Action

Insubordination in the Workplace: What you need to know

Introduction It is a well-established principle, that employees must obey the lawful and reasonable instructions of their respective employers. Refusal to follow such instructions may constitute insubordination. While in some cases insubordination may constitute misconduct, the scope and role of insubordination can sometimes be unclear. What is insubordination As a starting point, a distinction must […]

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