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Mandatory mediation in Gauteng: The true test for mediation
Mandatory mediation in Gauteng: The true test for mediation If a counterparty refuses court-annexed mediation in the Gauteng Division, a subjective belief that it will fail is not enough to...
Deemed fulfilment: Preventing parties from benefiting from their own breach
Deemed fulfilment: Preventing parties from benefiting from their own breach A party cannot deliberately prevent a condition precedent from being fulfilled and then use that failure to escape...
Pay now, argue later: Enforcing adjudicator decisions in South African construction disputes
Pay now, argue later: Enforcing adjudicator decisions in South African construction disputes South African courts enforce adjudicator decisions immediately, even where a party intends to...
Labour Court flags inconsistent discipline in municipal dismissal case
Labour Court flags inconsistent discipline in municipal dismissal case The Labour Court in Johannesburg reviewed an arbitration award that upheld the dismissal of a municipal cashier, Ms TS...
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...