Legal

The Constitutional Court found that the mere entering of a settlement agreement between the parties and making that settlement agreement an order of Court in an Appeal Court does not have the effect of setting aside a judgment in rem granted by the lower court.

We welcome the signing of the Minimum Wage Bill into law by President Cyril Ramaphosa. Our firm was appointed by Nedlac to draft the Minimum Wage Bill as well as the amendments to the Labour Relations Act, which also came into effect today.

Brand owners take note. The movement to legalise the possession and consumption of cannabis is real. With the growing global trend to recognise cannabis as legal it can only be a matter of time until various other cannabis products will be legalised too.  

Employers must ensure they follow the right labour relations steps amidst a tough environment.Having recently slipped into a technical recession, the South African economy continues to experience dangerously low levels of economic growth, which does not bode well for national employment figures. Making matters worse is the technologically driven fourth industrial revolution which continues to threaten redundancy on a variety of jobs.

The problem of inappropriate labelling is not confined to law. It is appearing in the financial services market which should take deliberate steps to resist incorrect labelling, particularly by regulators.

As the rate of identity theft accelerates, some have asked how information becomes available to companies and people pushing goods and services that an individual has no knowledge of requesting.

Where a seller had fraudulently failed to disclose a defective roof and sewerage system covered by buildings constructed without required statutory approval he was successfully sued in delict for fraudulent misrepresentation and fraudulent nondisclosure.

The South African Competition Commission has established a reputation for relentlessly pursuing its cartel enforcement objectives. Over the past three years, the Commission has raided over 70 companies and conducted hundreds of cartel investigations. It is imperative for businesses to ensure that they are prepared for a dawn raid.

The law is supposed to fulfil two important functions in society: protecting people’s persons and property, and conflict avoidance. When the law steps outside of these functions, the law itself becomes a source of conflict, as we have seen throughout history, especially in contemporary South African history.

Do employees automatically transfer from an old service provider to a new service provider when the client replaces the one with the other? The Labour Appeal Court (LAC) recently engaged low gear to provide proper traction on the automatic transfer of employees.