Articles
Construction Law Articles
Construction Law
Construction Law: Arbitration vs Adjudication – When to Adopt Which Process Contractors and sub-contractors that operate in the construction sector in South Africa would commonly face unfair payment/compensation in accordance with their contractual agreements with...
Construction Law South Africa
Construction Law Specialists in South Africa Construction law in South Africa is flexible and sometimes left to interpretation if you are not a specialist in this arena. Obligations and rights regularly evolve and change in this specific arena. Construction law bases...
Construction Law Attorney
Construction Law Attorneys South Africa’s construction and contract law arenas can be very tricky to navigate without a professional by your side. A common trend in this country sees clients/project managers not paying what is due to contractors/sub-contractors. Our...
Labour Law Articles
Labour Law
With Christmas Around the Corner, Is an Employer Obliged to Pay Bonuses? 2021 is coming to an end, putting yet another challenging year in the rear view. Despite the COVID-19 vaccine rollout in South Africa, the majority of businesses are still overcoming the...
Labour Law
My Legal Solutions as an Employee in South Africa South Africa’s Labour and Employment sector have faced unprecedented situations as a result of COVID-19 and lockdown protocols. Accordingly, several lawsuits have already created precedents on COVID-19-related cases...
Labour Law
Is an Employer Obliged to Pay Annual Increases? South Africa has a progressive and liberal approach to Labour and Employment Law, causing both employers and employees to misinterpret some laws and legal regulations in the workplace and in working relationships between...
South African Law Articles
Restraint of Trade in South Africa
How the Restraint of Trade Clause Affects Employment Contracts in South Africa Understanding restraint of trade in South Africa is essential for both employer and employee, as many employment contracts in South Africa contain this clause. Simply seeing it as a...
Freedom of Speech Versus Right to Privacy
The clash of constitutional rights and limitations in respect thereof is such a hot topic today and the possible confusion in respect thereof needs to be explored and understood to avoid incurring legal liability which may in the been a costly affair. We intend to...
MTENTU BRIDGE- PART TWO
MTENTU BRIDGE- PART TWO- Force Majeure – (What is required to establish Force Majeure in a Fidic Red Book 1999) In Joint Venture between Aveng (Africa Pty) Ltd and Strabag international GmbH (“the applicant”) versus Sanral and Lombard insurance Co Ltd Case no 8331/19,...
Legal Advice Articles
Restraint of Trade
Should You Sign a Restraint of Trade Agreement with an Employer? Restraint of trade entails an agreement wherein the employee agrees not to take employment at a competitor of the employer or to conduct or establish a business that competes with the employer upon the...
CCMA Unfair Dismissal
Procedures for Referring an Unfair Dismissal Dispute to the CCMA According to the CCMA, unfair dismissal, workplace changes, wages and work conditions, and discrimination disputes can be referred to them for dispute arbitration. It is important to understand that you...
Disciplinary Hearing
How to Ensure a Fair Disciplinary Hearing As an employer, it is essential to comply with the labour laws of the country to prevent having to pay penalties or damages and having to reinstate an employee, even if dismissing the employee was necessary because of their...
News Articles
Automatically unfair dismissals
What exactly is an automatically unfair dismissal as opposed to an ordinary dismissal? The Labour Relations Act (“LRA”) at section 187 states that a dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 (this section...
Business rescue proceedings
What happens to my employment contract during business rescue proceedings? With the high prevalence of companies going into business rescue due to the current economic climate in an attempt to avoid liquidation, many employees have become affected and it is important...
Severance Package when retrenched?
Are you entitled to a severance package when retrenched? When an employee is retrenched in terms of Section 41(2) of the Basic Conditions of Employment Act (“BCEA”) the employer is statutorily obliged to pay at least one week’s remuneration for each completed year of...
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