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...
On 8 December 2023, the High Court refused a call on a performance guarantee because of fraud. This is one of the few decisions in South Africa that has granted an interdict based on the fraud exception. LnP Beyond Legal is incredibly proud to have secured this result...
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