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Thursday, April 18, 2019
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Don’t doctor sick notes!

In business and labour, sick notes are of utmost importance, they play a far bigger role in effective HR management than many realise. Misunderstanding of the basic function of the sick note can lead to problems in terms of people management.

Fraudulent misrepresentation defeats voetstoots clause in sale

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.

Lease agreements and the right of pre-emption

It is common that instead of entering into a new lease every time the lease period expires, parties simply agree to extend the lease agreement for a further period. When this happens, are all of the terms renewed?

Civil & Commercial Dispute Resolution in SA Lagging

John Brand | Consultant | Bowmans | john.brand@bowmanslaw.com | www.bowmanslaw.com | South Africa must bridge the dispute resolution gap or risk further investor disenchantment. It is...

IBA reaction to John Bolton’s attack on the International Criminal Court

The extraordinary attack launched by United States National Security Advisor John Bolton against the International Criminal Court (ICC) not only dismisses the principle of accountability for war crimes, but reinforces the Trump administration's repugnant policy of exceptionalism, whereby the US demands adherence to international law by all countries except itself.

Ntsebeza Inquiry into conduct of SAICA Members employed by KPMG

In November 2017, the South African Institute of Chartered Accountants (SAICA) convened what is now known as the “Ntsebeza Inquiry” [also referred to as the Inquiry]. The aim of the Inquiry is that it should investigate, independently, allegations that some of its members who were/are employed by KPMG, had allegedly engaged in conduct in contravention of the SAICA Code of Professional Conduct. 

NHI – Diagnosing employer medical aid contribution changes

There has been a lot of hype around the proposed National Health Insurance Bill, 2018 (NHI Bill) and the numerous implications for South African citizens. Little has been said, however, about how the NHI Bill will impact on the provision of medical aid benefits in the employee context.

Solicitation lands former employee in hot water

In the recent case of Massmart Holdings Limited v Theron, the Labour Court provided guidance regarding the calculation of damages suffered by an employer as a result of a former employee breaching a non-solicitation undertaking.

Johannesburg fire raises legal considerations for workers

The recent fire which broke out in a government building in central Johannesburg lead to the tragic loss of lives of three firefighters who were attempting to put out the blaze. The lives, and health of safety of employees working in the building were also put at risk.

Is it feasible to be more inclusive in retrenchment talks?

The Association of Mineworkers and Construction Union (Amcu) has challenged the inclusivity of the Section 189(1) provisions of the Labour Relations Act, arguing retrenchments are so important that everyone needs to be consulted individually. But in our view, Section 189(1) is the most practical solution and in line with the principle of majoritarianism that runs throughout SA law.
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