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Tag: common law

You can’t just resign to avoid disciplinary hearing

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A common occurrence in the employment relationship is for an employee to resign in the face of disciplinary action by an employer, and South African courts have previously accepted that as long as an employee resigns with immediate effect, the employer has no power to compel the former employer to go through any disciplinary process.  

Why SA should reform indigenous common law for the modern era

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Any society that restricts the economic participation of half of its members is doomed to failure, and women make up roughly half of the population in any society. Regression studies reveal that equality before the law is second only to inflation in terms of its contribution to GDP per capita growth.

Respecting your employer’s right to privacy

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Every employer has a right to privacy and as such employees should tread carefully when recording business-related activities, as they could find themselves in breach of confidentiality owed to their employer. While the law provides some leeway for employers to record the conversations and activities of employees, whilst they are engaged in business related activities, and use such recordings against them, as long as it is 'in the interests of justice to do so', employees have a lot less space to manoeuvre when recording the activities of their employers

High Court ruling | Set-off does not apply to credit agreements

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The High Court in Johannesburg has ruled in favour of the National Credit Regulator (NCR) against Standard Bank that the common law set-off does not apply to credit agreements subject to the National Credit Act (NCA). This follows an application for a declaratory order brought by the NCR against Standard Bank seeking legal clarity on the effect of section 124 of the NCA on the common law set-off.

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

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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.

Smart contracts vs traditional contracts

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Smart contracts mark the evolution of the binding contract from a set of terms and conditions, governed by the common law, into a set of conditional statements governed by a programming language and the tenets of blockchain technology.

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