Articles
Construction Law Articles
Construction Law
Issue of Penalties: How Much is Too Much? Construction contracts are agreements that exist between contractors and their clients/project managers. Such agreements must adhere to the Construction and Contractual Laws of South Africa and would normally make provisions...
Construction Law
Non-Payment of “Payment Certificates” and Available Remedies Contractors and sub-contractors in the construction industry in South Africa are constantly facing situations where they are underpaid or receive late payments from clients or project managers resulting in...
Construction Law
Construction Law: What to Do When Mediation Fails Mediation is considered an alternative dispute resolution method to avoid expensive and time-consuming litigations and court proceedings to resolve a legal dispute between 2 parties. In the case of Construction and...
Labour Law Articles
Labour Law – False or Inaccurate Termination Information Can Now Lead to Criminal Liability
South Africa’s Labour and Employment Laws are some of the most progressive and liberal in the world, with a recent Labour Court judgement proving just how tricky and unpredictable these laws can be. Over the past 2 years, many South Africans have lost their jobs as a...
Labour law – False Entry: Be Mindful of Legal Consequences
A recent Labour Court case [Swanepoel v KPMG Services (Pty) Ltd.] emphasised the importance of being mindful of any and all legal consequences for both employer and employee when entering into settlement and/or separation agreements regarding labour and employment...
Labour Law – The CCMA Upholds the Dismissal of an Unvaccinated Employee
In a recent Labour case, the Commission for Conciliation, Mediation, and Arbitration (CCMA) found that a company’s dismissal of an unvaccinated employee was fair and completely within their legal rights. This ruling solidifies the fact that employers in South Africa...
South African Law Articles
What can we take away from the EOH Abantu LAC judgment?
Let me disclose from the onset that I acted on behalf of Mr Danney. These are my thoughts. The LAC concluded that there is no requirement that competent verdicts on disciplinary charges should be mentioned in the charge sheet. Furthermore the court determined that the...
Whistle Blowers are encouraged and protected?
Introduction This article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection afforded by the Labour Relations Act 66 of 1995 (hereinafter “the LRA”) to employees who...
Possible jail time for an employee who fraudulently misrepresents their qualifications
On 19 August 2019 the National Qualifications Framework (NQF Amendment Act) Amendment Act 12 of 2019 was signed into law by the president. The NQF Amendment Act has far-reaching implications for any job applicants who misrepresent their qualifications as well as any...
Legal Advice Articles
Labour Lawyers in Johannesburg
Important Labour Law Changes in South Africa As an employer, you do not necessarily have time to read every news article, and unless you have someone on your team to scan the Government Gazettes for notices regarding changes in relevant legislation, you most probably...
Construction Law Advice
Advice Regarding Appropriate Construction Contracts As attorneys specialising in construction law, we provide advice regarding construction contracts. Indeed, many disputes arise because of ambiguities in building agreements. This also pertains to international...
Construction Arbitrators
When to Appoint Construction Arbitrators to Decide on the Outcomes of Disputes Construction arbitrators assist with alternative dispute resolution related to the construction industry. The arbitrators follow the specific procedures of arbitration to help settle...
News Articles
Can you deduct monies from your employees’ salary when he resigns without notice?
The CCMA was recently faced with a dispute before it (South African Transport and Allied Workers Union obo Qendwana and others / Bidvest Protea Coin (Pty) Ltd - (2020) 29 CCMA 6.7.8 also reported at [2020] 11 BALR 1235 (CCMA) ) where five former employees...
Is it a “Going Concern”?
According to common law, the sale, transfer or merger of a business results in the termination of existing employment contracts between the business and its employees, on the basis that parties may not assign their contractual rights and obligations to a...
Relief for Employers in retrenchments
Last week our Constitutional Court, in the case of Numsa V Aveng Trident Steel, appears to have given employers the nod, whose operational requirements are genuine, to change their employees’ employment conditions, if the future...
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