“Divorcing” your boss
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 [...]
Suretyships and Business Rescue
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 [...]
What is court-annexed mediation?
Mediation serves as an often effective alternative dispute resolution measure which aims to reach a negotiated settlement between parties and avoid the substantial costs of litigation as well as avoiding the time delays often experienced [...]
Can you sue Eskom for loadshedding damage or loss?
Hayley Langdon was on Cape Talk addressing the issue of whether one can sue Eskom for damage and loss with John Maytham on 10 December 2015. To listen to the full interview, click here.
When is an independent contractor deemed to be an employee?
The Labour Relations Act defines an employee as: any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and any [...]
Do South African companies need to furnish security for litigation costs?
Section 13 of the Companies Act 61 of 1973 provided that a court had a discretion whether to order that a plaintiff company should furnish security for costs, if there was reason to believe that [...]
Credit amnesty and the National Credit Amendment Bill
The National Credit Amendment Bill (“the Bill”) which was presented in the National Assembly, but not yet enacted, proposes to fundamentally change the credit industry by imposing stricter requirements on credit providers and granting greater [...]
Acceleration Clauses : Enforceable or not?
The Western Cape High Court recently heard the matter of Combined Developers v Arun Holdings & 2 Others. Arun Holdings had borrowed money from Combined Developers and in terms of the agreement concluded between the [...]
The importance of validly approved building plans
In the recent case of Matthew Robert Michael Lester v Ndlambe Municipality and High Dune House (Pty) Ltd (514/12) [2013] ZASCA 95, the Supreme Court of Appeal considered an application to demolish a residential home [...]
Dismissal of an employee on probation
It is common for employers to engage employees for a probationary period prior to permanent employment. The period is usually negotiated and included in the employment contract. If an employer is uncertain whether an employee [...]