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 and argue about it later. If you lose, you must do the same....
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 the relationship broke down, and the final certificate went...
When artificial intelligence derails workplace discipline The increasing use of artificial intelligence in legal and workplace processes promises greater efficiency and faster access to information. However, a recent Labour Court judgment serves as a timely...
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 judgments on disability discrimination, reasonable accommodation,...
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 retired judge, had misconducted himself, committed gross...
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 required to determine whether employees engaged on repeated...
