Summary judgment offers a swift path to judgment for a plaintiff under certain conditions. One crucial condition is that the plaintiff’s claim must be based on a liquid document or a liquidated amount of money. A claim is a liquidated amount in money if it is based on...
On Friday, 1 March 2024, Mr TW Nxesi, the Minister of Employment and Labour, gave notice in Government Gazette No. 50203 (No. R.4437 of 2024) (“the Notice”) that he intends, in terms of section 43 of the Occupational Health and Safety Act, No. 85 of 1993...
The High Court recently examined how to ensure a fair process and outcome for bidders in a tender. In the review application of Silver Lake Trading 305 (Pty) Ltd t/a Opulentia Financial Services v Bloemwater (now Vaal Central Water) and Sankofa Insurance,¹ the tender...
Constructive dismissal is a legally recognised ground for dismissal, where an employer’s actions render the employment relationship intolerable for the employee. Under Section 186(e) of the Labour Relations Act 66 of 1995, it signifies a crucial point where an...
The Supreme Court of Appeal (SCA) recently upheld a High Court’s dismissal of an Employer’s review of an NEC3 adjudication. The SCA found that the Employer’s delay in initiating review proceedings was unreasonable and motivated by an attempt to evade contractual...
On Friday, 12 April 2024, Ms M Ruiters, the Chief Inspector of the Department of Employment and Labour, in terms of section 27(1) of the Occupational Health and Safety Act, No. 85 of 1993 (“OHSA”), by virtue of the powers delegated to her by the Minister...
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