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Labour Relations Act: the legality of verbal contracts

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Prescription – can you waive your rights?

Prescription in South Africa is regulated by the Prescription Act No. 68 of 1968, as amended. Prescription refers to the role that the passage...

Can a restraint of trade agreement survive a going concern transfer?

Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.

Stop making laws to which nobody adheres

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.

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.

TAX JUDGEMENT | Revocation of tax compliance status

A recent judgment handed down in the Pretoria High Court last month highlights SARS’s intransigence when applying certain aspects of the Tax Administration Act, 28 of 2011 (the TAA).

Labour broker ruling considerations

For most labour brokers and their clients, the new judgement by the Constitutional Court – which determines that TES employees are deemed permanent employees of the client after a three-month period – it means business as usual.

Advantages of mediating commercial disputes

There are a number of unfair stereotypes regarding mediation. For example, many believe that it is only appropriate for family law disputes or that it is akin to therapy where parties are required to talk about their feelings rather than dealing with the substances of a dispute.

Home Affairs, State Security and your Identity

For any country, it is important that Government has systems in place. For every person, the state needs to know, amongst other things, name,...

Protection of Information Act leaves loopholes for fraudsters

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.
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