Tag: dispute
Partnership dispute planning – prenups for corporate divorce
In the same way that prenuptial agreements are considered a necessity for many marriages, business partnerships require meticulous planning to safeguard against the consequences of potential disputes and ensure a smooth separation if the need arises. By incorporating comprehensive shareholder agreements or Memorandums of Incorporation (MOIs), businesses can protect their interests and foster fair and equitable outcomes during unforeseen conflicts.
Employment tax incentive amendments
In a significant move to strengthen the integrity of the Employment Tax Incentive (ETI) scheme, the government has proposed amendments to Sections 1(1) and 5(3) of the Employment Tax Incentive Act, No. 26 of 2013. The ETI, introduced in 2013, aims to encourage employers to hire young job seekers by reducing the cost of employment through a government-supported cost-sharing mechanism.
Navigating the tide of CCMA changes
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.
Preventing disputes in sectional title schemes
Within the world of sectional title schemes, disputes can arise from various challenges tied to communal living and shared property ownership. From embracing clear communication to enforcing established rules and ensuring transparent financial management, our aim is to provide you with the knowledge and tools needed to effectively prevent disputes and cultivate a harmonious living environment within your scheme.
Who decides whether an arbitration agreement is valid – the court...
In a dispute over whether an arbitration could be held to resolve the dispute between the parties, one party alleged that the arbitration agreement itself did not exist for lack of agreement between them.
Interpreting a settlement agreement
The Supreme Court of Appeal, in Pelham Stephanus Bothma and Others v Tertius Bothma N.O and Another (Case number 748/2019) [2021] ZASCA 46 (15 April 2021), re-affirmed the position regarding the interpretation of legal documents, re-stating the principle that only admissible evidence of context, conservatively applied, may be led in resolving an interpretation dispute.