Articles
NEWS ITEM
Employers should avoid unnecessary delays in bringing disciplinary proceedings against Employees.
Disciplinary actions have profound implications for employees. My experience working with labour matters is that 95% of the time, the employee would likely be found guilty once the employer institutes disciplinary hearings. Employers need to ensure that they follow a...
Stokvels under Scrutiny
A grocery stokvel has been found to rather be operating as a pyramid scheme, reigning in more than R42 million in membership fees within two months. Although many South Africans have opted to participate in stokvels as a means of surviving the financial effects of the...
Settlement Agreements – When all is not necessarily Done and Dusted…
Settlements are valuable mechanisms to deal with issues, but what happens if your situation changes, and you do not perform? Or something does not exactly go as planned. In the case of Tetra Pak SA (Pty) Limited v Blakey Investments (Pty) Limited and another [2021]...
The South African Banking Sector And The Future Of The Sector In The Country
The country’s banking sector and the regulation thereof plays a big role in their financial success and growth. South Africa’s banking framework and its enforcement are well established and the Banks Act 94 of 1990 controls as well as protects a company from...
The Extent of the High Court’s Jurisdiction in Labour Matters
The Constitutional Court recently confirmed the legal position of the High Court's jurisdiction in labour matters. The case involved the Office of the Public Protector, with the Applicant represented by Adv Ngcukaitobi SC and the Respondents represented by Adv Mpofu...
Child Contact With The Non-Custodian Parent
In a separation where one parent is granted sole custody of the child, the noncustodial parent is typically granted visitation rights in the separation order. Visitation rights can be retained if proof is given that demonstrates it is to the greatest advantage of the...
The Case of Missing Formalities – Why Youmessi Trading CC v Simphunzi is Important
In this case, the plaintiff and the defendant entered into a sales agreement to sell a tertiary institution, Hartwick Technical College (a “college”). They agreed on a price for the college (R700 000), and at the time of the sales agreement, the lease of the premises...
Registration of an Information Officer under PAIA and POPIA – deadline looming….
The Information Regulator has set out guidelines on the new compulsory regulation for organizations to register Information Officers as well as the deadline by which to do so. These guidelines are set out in accordance with section 55(2) of the PAIA, which requires an...
The Protection of Minority Shareholders
Rights of the minority shareholders require a great degree of protection, and is enshringed in the Shareholders Agreement of the company. Minority shareholders find protection in the provisions contained in the Companies Act, as well as through ensuring that the...
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