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The importance of placing the transcript of the arbitration proceedings

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On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.

The power of consent – putting you in control

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In today's ever-evolving digital landscape, the concept of consumer consent has taken centre stage for companies. Gone are the days when consent was assumed; today, the control is firmly in the hands of the consumer. For those companies who handle consumer data, consent has to be a priority.

Navigating the tide of CCMA changes

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In the ever-changing South African labour market, the Commission for Conciliation, Mediation, and Arbitration (CCMA) has adopted digital transformation to improve accessibility and efficiency. The introduction of an online portal streamlines CCMA referrals, accommodating modern communication demands.

AI, NFTs & the modern contract – who holds responsibility?

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As far back as 2018, Harvard Business Review (HBR) raised the question: how is artificial intelligence (AI) changing contracts? Five years may not fit the criteria of “long-term”, but with the pace at which technology is evolving, it might as well be decades. As remains the case today, HBR cited efficiency as a key driver for the growth of AI in contracting.

Consequences of employees misrepresenting their qualifications

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Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

Virtual wheeling 101

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Eskom has run a successful pilot of virtual wheeling, which will enable companies with multiple offtake sites to connect to generators using the Eskom or municipal grids. Electricity wheeling mechanisms play a key role in facilitating the optimal integration of renewable energy resources into the grid.

Insolvency – the impact of distressed corporates & director apathy

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An issue which is of concern to insolvency practitioners across the globe and in South Africa, is the ever increasing level of corporate distress and uncertainty, and which impacts the role of insolvency practitioners (liquidators and business rescue practitioners) and the manner in which they can assist in the restructuring of companies that might be on the brink of insolvency.

Ensuring equal access to justice in a changing legal landscape

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Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups. Access to courts is a constitutional right, but access to justice is a concept which goes beyond the availability of the court process. It refers to different methods by which an individual may obtain legal assistance.

Optimising post-signature contract management

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No business is an island, every company in the world depends on a delicate network of relationships with customers, suppliers, service providers, employees, contractors and other entities and people to run its operations. In most cases, these business relationships are governed by legal contracts that outline the obligations and entitlements of each party.

“Seismic ruling” – financiers cannot vote on a business rescue plan

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Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).  

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