Legal

An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.

Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? Unfortunately, the Labour Courts' decisions on this issue have not always been clear or consistent.

An interdict can be a powerful remedy for enforcing and protecting one’s rights. An interdict is an order of court that can either restrain someone from engaging in a certain or specific action or compel someone to fulfil a particular or definable obligation.

"An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace" - words by Mokgoatlheng AJ in the case of Jabari v Telkom SA (Pty) Ltd. This case reveals the lesser known of the lawful grounds for dismissal in South African employment law - incompatibility.

The Protection of Personal Information (PoPI) Act has been a topic of interest for some time and businesses and the general public alike pondered when it would be in effect, how long it would take to be relevant and who would oversee the process as Information Regulator. The appointment of Pansy Tlakula as South Africa’s Information Regulator in December 2016, however, means that the time for discussion is over and the time for action has come.

In his State of the Nation Address in 2017, President Jacob Zuma noted the intention of the South African government to influence the behaviour of the private sector and to drive economic transformation.

President Cyril Ramaphosa activated the controversial Investment Act 22 of 2015, by publication of a notice in the Government Gazette, on Friday 13 July.

It is an inevitable consequence when operating in a distress economy, such as we find ourselves in South Africa these days, that shareholders will find themselves disposing of companies for less than they paid for them, whether the companies were formed or purchased by those shareholders.

Built environment professionals are becoming increasingly aware of their roles and responsibilities set out in terms of legislation. The legal and insurance implications for work done where asbestos is used or was used is far-reaching and requires adequate consideration and attention to detail.