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Workplace bullying – remedies and recourse

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. 

Municipality and government employees proportionately liable for finance management laws breach

Where a former managing director of a municipal entity was sued by that entity for alleged breach of the Municipal Finance Management Act 2003 (MFMA) it was held that she was entitled to join 19 other municipal officials on the ground that they were allegedly joint wrongdoers and equally liable to the municipality if she herself was liable for breach of various responsibilities whilst she was in office.

Rand-backed cryptocurrency in the form of a stablecoin?

Cryptocurrencies, such as Bitcoin and Ethereum, have become well known for their volatile value. In contrast to this, 'stablecoins' are cryptocurrencies that have been specifically designed to have a stable value.

Legal risks in the move to Cloud

With the fourth industrial revolution in full swing, businesses are looking for faster and more efficient ways to service customers. Customers are also increasingly tech-savvy and demand more from their service providers, including quicker access and more tailored offerings. Business must carefully assess legal issues that will have an impact on the ability not only to move to cloud, but also to have full beneficial use of cloud services.

Trustee authority to act on behalf of a trust

A sale agreement had been signed on behalf of a trust, as purchaser, by a single trustee whose conduct was thereafter ratified by the remaining trustees.

Can false allegations be grounds for dismissal?

Issue - Whether an employee who makes a false allegation of racism against another employee can be dismissed?

Be wary of recorded conversations

Contrary to popular belief, companies may be within their rights to secretly record conversations with employees and use that information against them in a court of law. However, the reverse is also true. This has the potential to significantly change the dynamic in the workplace.

Recent amendments to the Competition Act

Amendments to the Competition Act were published in the Government Gazette in February 2019. These are, however, not yet in force pending the publication of a date to be proclaimed by the President. Some of the more prominent changes to the Act are as follows.

Take implementation, good faith and disclosure clauses seriously

Where one of the parties to a contract had secretly entered into agreements with third parties to gain an unfair advantage for itself, the court held that it was in breach of the good faith and non-disclosure provisions and liable for damages.

Power grid set to surge

Minister of Energy, Jeff Radebe, purportedly granted a welcome deviation from South Africa’s existing power generation licensing regulations that should see a relaxation of the process, encouraging additional power supply into the local grid. The change comes amidst growing concern over an already-strained national power supply and its ability to tolerate the increased winter load.
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