Tag ArchivesPetrus Khumalo
Resignation

Unpacking the Basic Requirements for Unjustified Enrichment

Introduction Objectively speaking, no person must be allowed to get enriched at the expense of another whether by intent or mistake. In principle, when a person has been impoverished without justification, they can institute an action for restitution. South African law provides relief when one person’s estate is enriched at the expense of another. This […]

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Copyright Amendment Bill

Key Changes introduced by the Copyright Amendment Bill

On Thursday 28 March 2019, The National Council of Provinces voted to pass the Copyright Amendment Bill (“the Bill”) and the President must now sign it into law. The commencement date has yet to be published in the Government Gazette. According to the Spokesperson for the Coalition for Effective Copyright in South Africa, Collen Dlamini, […]

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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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equality

Important Aspects Concerning Written Warnings

Introduction    It is every Employer’s wish to maintain order within the workplace and to give all Employees a chance to correct their actions when disciplinary issues arise. However, inevitably so, there may come a time when an Employer has to undergo the unpleasant experience of having to issue a written warning to an Employee.  This […]

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Notice period- Employee

Failure by an Employee to give proper notice upon resignation

Introduction Employment Contracts should set out the notice period which an Employee must give if he/she wants to terminate employment. This is due to the fact that a failure to give proper notice of the termination of employment can have dire consequences for an Employer. This undesirable practice usually happens when an Employee wants to […]

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