Articles
NEWS ITEM
The use of a polygraph test in Employment law in South Africa
The use of a polygraph test, commonly referred to as a lie detector test and is currently unregulated in South Africa. The test is administered by a Polygraphist who measures and records the physiological indices such as blood pressure, pulse, sweat glands and...
Technology Law: Does your legal spend constitute a revenue generating expense?
Internationally a debate is ongoing – what is the best way to spend legal budget? Does it involve technology, technology law and if so, what are the risks? Does it involve outsourcing or engaging alternative legal services? Alternative legal services are legal...
Transfer of a business – what about restraint of trade agreements?
Under the common law, Contracts of Employment did not automatically transfer to the new Employer once the Business was transferred or sold as a going concern. Section 197 of the Labour Relations Act (“the Act) changed this and provides for the automatic transfer of...
Suspensions in the workplace – how and when must the Employer suspend Employees
It can be quite daunting for an Employer to suspend an Employee. Many Employers have not followed any procedures when suspending their Employees. The Employer would later regret not seeking any advice as to the correct manner to suspend Employees especially when they...
Strikes and Lock-Outs: The Rights of Employees and Employers
The Labour Relations Act 66 of 1997 as amended (hereinafter referred as to the “LRA”), regulates the law relating to strikes and lock-outs. The LRA provides and outlines the rights and protection provided to Employees who decide to embark on strike action....
When to use an Agency or a Distribution Agreement
When deciding whether you should use an Agency or a Distribution Agreement – the main question a business owner should ask is whether the person or Company you are appointing will be acting as an Agent or a Distributor. An Agent relationship comes into existence where...
The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause
Today, almost all Commercial Contracts entered into include non-variation clauses. A non-variation clause is a contractual provision which restricts the variation and/or cancellation of an Agreement. Any variation or cancellation of the Agreement will therefore not be...
Are conciliation proceedings at the CCMA privileged? A case study perspective.
The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this included bargaining...
The Application of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 to defaulting mortgagors and property sold at sale in execution
The purpose of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act No. 19 of 1998 (hereinafter referred to as “PIE”) is to regulate the eviction process in respect of unlawful occupiers. PIE introduces procedures for the eviction of unlawful...
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