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Not Dismissed: Pandemic context and proportional discipline take centre stage
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
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
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
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
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
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
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
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
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? Unpacking the Twenty-Third Century Systems case
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
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...
Email signatures & contract variations: What every person should know
Email signatures & contract variations: What every person should know In the digital age, the way we communicate has evolved, but so has the law. If you negotiate, sign, or manage...