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Tue, Jul 16, 2019

Failure to copy emails to your manager may lead to dismissal

Thabang Rapuleng | Director: Employment Practice | Cliffe Dekker Hofmeyr | mail me |         Tamsanqa Mila | Associate: Employment practice | Cliffe Dekker Hofmeyr | mail me | Subordination is a...

Traversing the labour law jungle

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

Importing a tacit term into a contract

Where a non-variation clause and a whole agreement clause were included in a comprehensive contract dealing in detail with the subject matter between the parties, the court refused to import a tacit term into the contract.

Navigating the carbon tax laws

The Carbon Tax Act 15 of 2019 (Carbon Tax Act), the Customs and Excise Act 91 of 1964 (Customs Act) and the Customs and Excise Amendment Act 13 of 2019 (Customs Amendment Act) pose numerous uncertainties on the road to implementation of carbon tax.  We have mapped out below a pathway to assist taxpayers in navigating the complex statutes regulating carbon tax.

Seeking support from the Piller

Anton Piller orders are used to ensure that crucial evidence is preserved so that it can be used in judicial proceedings. Anton Piller orders are obtained without notice to the respondent (i.e. ex parte) due to the risk that such evidence will either be concealed or destroyed. As such, the Anton Piller is considered to be an extraordinary remedy.

Recourse in a blockchain dispute

South Africa has yet to witness a major blockchain-related dispute, but such disputes are bound to occur as interest in cryptocurrencies and smart contracts intensifies and transactions involving them become more common.

The legalisation of cannabis does not extend to the workplace

Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer’s ability to discipline employees for being under the influence of cannabis whilst on duty.

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.

No work on public holidays

In terms of the Basic Conditions of Employment Act, 75 of 1997 (BCEA), all employees are entitled to a minimum number of days leave per year. This minimum leave entitlement is 21 consecutive days leave per annual leave cycle, which is in effect 15 working days leave per annum.

Concourt will only decide on non-constitutional law points if in the...

Where an appeal does not raise any constitutional issue, the South African Constitutional Court will only consider a law point on appeal if the interests of justice require it to do so no matter how interesting, arguable or important the point is.
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