Guest Author, Author at SchoemanLaw Inc

Suspensions in the workplace – how and when must the Employer suspend Employees

by Guest Author | May 14, 2018 | Civil Litigation and Alternative Dispute Resolution, Employment law, Publications, SME Self-Service Desk

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

by Guest Author | May 7, 2018 | Civil Litigation and Alternative Dispute Resolution, Employment law, Publications

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....

The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause

by Guest Author | May 4, 2018 | Civil Litigation and Alternative Dispute Resolution, Commercial law, Publications

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...

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

by Guest Author | Apr 24, 2018 | Civil Litigation and Alternative Dispute Resolution, Publications

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...

Nominated and selected subcontractors – what is the difference and why it matters?

by Guest Author | Apr 19, 2018 | Construction law, Publications

In any construction job, there will inevitably be the use of subcontractors. The subcontractor is usually appointed by the Contractor to perform a part of the construction works. However, there are times where one finds that their agreement makes reference to a...

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Suspensions in the workplace – how and when must the Employer suspend Employees

Strikes and Lock-Outs: The Rights of Employees and Employers

The Shifren Principle – The Importance of Reducing Oral Agreements to Writing When a Contract Contains a Non-Variation Clause

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

Nominated and selected subcontractors – what is the difference and why it matters?

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