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Pay now, argue later: The two narrow doors out of an adjudicator’s decision
Pay now, argue later: The two narrow doors out of an adjudicator's decision If an adjudicator of a construction dispute issues a determination in your favour, the other side must pay you now...
You did not sign the contract. You can still be bound to its arbitration clause.
You did not sign the contract. You can still be bound to its arbitration clause. An employer on a Camps Bay building project paid 14 of the 15 payment certificates issued to its contractor....
When artificial intelligence derails workplace discipline
When artificial intelligence derails workplace discipline The increasing use of artificial intelligence in legal and workplace processes promises greater efficiency and faster access to...
Equality at what cost? Revisiting disability and reasonable accommodation
Equality at what cost? Revisiting disability and reasonable accommodation The Constitutional Court's decision in Damons v City of Cape Town remains one of the most important South African...
You chose a private judge. You cannot appeal your way out of the result.
You chose a private judge. You cannot appeal your way out of the result. A property developer lost an arbitration, then asked the High Court to overturn the award. It said the arbitrator, a...
When ‘fixed-term’ is no longer fixed: The illusion of expiry
When 'fixed-term' is no longer fixed: The illusion of expiry In Maphosa and Others v New Model Private College and Others (Labour Appeal Court, 28 May 2026), the Labour Appeal Court was...
From facilitation to litigation: No pit stop at conciliation
From facilitation to litigation: No pit stop at conciliation The Constitutional Court has provided important clarity on the procedural pathway available to employees dismissed for operational...
The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Group
The adjudicator cannot decide a case the parties did not argue: LMND v John Henry Natural justice arguments in adjudication enforcement are, by design, difficult to run. The UK (and South...
The door is closed to forum shopping: Jurisdiction clarified under the Mine Health and Safety Act
The door is closed to forum shopping: Jurisdiction clarified under the Mine Health and Safety Act The Supreme Court of Appeal judgment in TC Smelters and Another v The Minister: Department of...
The arbitration award does not reset the clock: IDC Architects v IDT
The arbitration award does not reset the clock: IDC Architects v IDT A party that wins an arbitration award, survives an appeal, and then settles and accepts payment cannot later walk into...
When a guarantee expires: Key takeaways from Engie-Pele Sannaspos Solar v DMRE
When a guarantee expires: Key takeaways from Engie-Pele Sannaspos Solar v DMRE On 6 February 2024, the Department of Mineral Resources and Energy issued a written demand under a R15 million...
An arbitrator has the right to be wrong: Cunninghame Construction v Homestead Hospitality
An arbitrator has the right to be wrong: Cunninghame Construction v Homestead Hospitality There is a temptation, when an arbitration goes badly, to reach for the language of jurisdiction. If...