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Wednesday, February 20, 2019
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Draft ‘Bank Resolution’ Bill is vague and violates the ‘rule of...

The draft Bill aimed at shoring up struggling banks violates the 'rule of law' by authorising unequal treatment without identifying objective differences to justify it. In addition, in dispensing with equal treatment merely because someone at the SA Reserve Bank, without objective criteria, determines that such action is necessary.

Momentum’s monumental mistake and the perils of mob-rule

The executives of Momentum insurance appeared recently to have been coerced under popular pressure into making payment of a void policy, thereby upending over 250 years of sound global application of the common law.

Legal liability to pay employees bonuses?

The short answer: if payment of a bonus is a guaranteed right, either in terms of an employee’s contract of employment, an employer’s remuneration or bonus policy, or perhaps an industry regulated Bargaining Council Main Agreement, and the bonus is not dependent on the exercise of any discretion at the instance of the employer or the attainment of individual or company related performance objectives, then...

Use aggravation to counter mitigation

When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:

Can settlement agreements have the effect of setting aside in rem...

The Constitutional Court found that the mere entering of a settlement agreement between the parties and making that settlement agreement an order of Court in an Appeal Court does not have the effect of setting aside a judgment in rem granted by the lower court.

Statement on the passing of the Minimum Wage Bill by the...

We welcome the signing of the Minimum Wage Bill into law by President Cyril Ramaphosa. Our firm was appointed by Nedlac to draft the Minimum Wage Bill as well as the amendments to the Labour Relations Act, which also came into effect today.

Why you should trade mark your cannabis

Brand owners take note. The movement to legalise the possession and consumption of cannabis is real. With the growing global trend to recognise cannabis as legal it can only be a matter of time until various other cannabis products will be legalised too.  

Stress on jobs triggered by recession and tech innovations

Employers must ensure they follow the right labour relations steps amidst a tough environment.Having recently slipped into a technical recession, the South African economy continues to experience dangerously low levels of economic growth, which does not bode well for national employment figures. Making matters worse is the technologically driven fourth industrial revolution which continues to threaten redundancy on a variety of jobs.

The problem of ‘fair-labelling’ and insurance

The problem of inappropriate labelling is not confined to law. It is appearing in the financial services market which should take deliberate steps to resist incorrect labelling, particularly by regulators.

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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