Tag: breach of contract

You’ve just received your dream job offer, but there’s a catch. You need to start the new job in a month’s time, but your current employer requires you to give three months’ notice.

For most landlords, tenant evictions are a last resort, due to the substantial expense, lengthy time and emotionally taxing nature of this complex process. However, with the Q2 2023 PayProp Rental Index revealing that the number of tenants in arrears has risen to an alarming 18.4% - the highest figure recorded since 2021 - many have found themselves with no choice but to seek legal recourse.

In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.

An interview with Yasmine Wilson, Associate, Norton Rose Fulbright, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the impact of COVID-19 on force majeure clauses in contracts.

Will the corona virus (COVID-19) constitute a force majeure event under South African law? The answer to that is it depends.

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.