Insights

Labour Court flags inconsistent discipline in municipal dismissal case   The Labour Court in Johannesburg reviewed an arbitration award that upheld the dismissal of a municipal cashier, Ms TS...

Not dismissed: Pandemic context and proportional discipline take centre stage   The Labour Court in Cape Town reviewed an arbitration award that had upheld the dismissal of a public school...

Policy first, levies later: Why SANRAL’s 'sweat the assets' plan failed in court   A Trust and its partners planned to develop a fuel station and rest-service area along the N12. Negotiations...

When arbitration confidentiality ends: Lessons from the MV Smart Case   The National Ports Authority, a division of Transnet, is being sued in admiralty for about USD 110 million after the bulk...

Misrepresentation on adjudicator nomination forms: A reminder to be precise Can a statement on a form derail an entire adjudication? The short answer is, yes. The English court recently confirmed...

Silenced for speaking up: Whistleblower’s fight for justice ends in victory   The High Court ruled in favour of Ms Chantel Sharlene Pillay, a former finance and administration superintendent at...

Discovery battles in software copyright litigation: Taskflow v Aluxium   In two recent judgments, Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others and Aluxium (Pty) Ltd and Others v Taskflow...

Adjudication challenges in construction contracts: Lessons from Muzzy v Davis   Can a contractor challenge an adjudicator’s decision because of procedural fairness or jurisdiction? The recent...

Shortlisted, interviewed, forgotten: A story of ambition and disappointment   In a case that underscores the complexities of internal promotions and employee expectations, the Labour Court has...

Can an emoji seal a deal? Saskatchewan court says yes - and South African law agrees   In a landmark decision, a Canadian court ruled that a 👍🏼 emoji can constitute acceptance of a contract....

Can a breaching party hide behind contract clauses?   Disputes often arise in commercial partnerships, and repudiation can end agreements abruptly. But a crucial question remains, can the...

Pipeline or barrier? What the Eskom v Erasmus means for employment equity   In Eskom Holdings SOC Ltd v Solidarity obo AP Erasmus, the Labour Appeal Court overturned a Labour Court ruling that...