Dingley Marshall

Is the Covid-19 vaccination compulsory for employees?

5th February 2021|Articles, Health & Safety Law, Litigation|

According to recent reports in respect of South Africa’s planned national roll-out of the coronavirus (“COVID-19”) vaccine, it was widely anticipated that the country was due to receive its first batch of vaccines during January 2021, with a further, second batch to follow during February 2021. There are several reasons why individuals, specifically employees venturing


Let’s discuss the interception of data!

9th December 2020|ICT Law|

Public Wi-Fi is convenient, and it allows us to save on data costs and work on the go, as these networks are usually in public places such as airports, coffee shops and shopping malls. But, no matter the convenience, we recommend caution if you connect to public networks as firstly, you do not have any


Deceased Estates, the necessity of having a valid will and of course the age old dilemma – “to wed or not to wed…. that is the question”

9th November 2020|Matrimonial, Trusts Law|

With a lack of knowledge of South African law, one could be left with the popular misconception that common law marriages exist and become applicable when living with your partner in a permanent relationship. In the past, if you merely lived as husband and wife, but did not actually get married, you were not protected


The Importance of a Social Media Policy

13th October 2020|ICT Law, ICT Law, Social Media law|

Social media has become an indispensable part of communicating and doing business in modern life. The reality is that most employees are likely to use at least one social media platform and have a social media personality that extends outside the parameters of their workplace. Employers are encouraged to have a social media policy in


COVID -19 Update – Alert Level 1 and the Easing of Restrictions.

12th October 2020|Health & Safety Law, Regulatory Law|

On 16 September 2020, President Cyril Ramaphosa announced the easing of the risk-adjusted strategy of the national lockdown to Alert Level 1, which commenced at midnight on 20 September 2020. Dr Nkosazana Dlamini Zuma, as Minister of Cooperative Governance and Traditional Affairs, published the gazetted Alert Level 1 Regulations on 18 September 2020 (“the Regulations”)


Can CCMA arbitral awards be reviewed and if so, how?

25th June 2020|Labour Law, Litigation|

The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being that an arbitration award issued by the Commissioner presiding over the arbitration is considered to be final and binding. However,


Suspensive conditions vs resolutive conditions – when to use them?

4th January 2018|Commercial Law|

Before inserting a particular condition into a contract, one must be aware of the differences between a resolutive and a suspensive condition as more than often, the difference between the two is unknown to the parties themselves resulting in unexpected consequences when the contractual relationship falls apart. Suspensive Condition: A suspensive condition suspends the rights


The New Without Predjudice Exception – KLD Residential CC v Empire Earth Investments

13th September 2017|Articles, Litigation|

The South African Supreme Court of Appeal (the “SCA”) has created a new exception to the without prejudice rule. In KLD Residential v Empire Earth Investments (1135/2016) [2017] ZASCA 98, the court held that admissions of liability, made during without prejudice negotiations, are now admissible for the purposes of interrupting  the prescription period in terms


“Divorcing” your boss

25th July 2016|Labour Law, Litigation|

More and more these days we are faced with the situation where an employer and an employee are involved in a dispute, but wish to end the relationship amicably, with no legal action. The question is whether a mutual agreement to terminate the employment relationship is valid and binding on the parties. The Labour Court


Suretyships and Business Rescue

26th April 2016|Articles, Commercial Law|

When considering whether to place your company under business rescue, the question often arises as to whether parties who have bound themselves as sureties in respect of the company’s debt, are safe from action by the creditors. Our courts recently dealt with this in Tuning Fork (Pty) Ltd t/a Balanced Audio v Greef and another


Exchange Control

31st July 2015|Articles, Commercial Law|

Controls on capital transactions, what South Africans refer to as exchange control, can take many forms. South Africa is one of a decreasing number of countries where the flow of currency or capital is regulated by national government. The South African Reserve Bank (SARB) regulates the transfer of large sums of currency in terms of


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