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Employee Law
What happens with liability of the insurer for the insolvent insured’s debt

What happens with liability of the insurer for the insolvent insured’s debt

“Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred by the insured towards a third party, the latter shall, on the…

Employee Law
Why you shouldn’t ignore the rights of labour tenants

Why you shouldn’t ignore the rights of labour tenants

In 1996, the legislature enacted the Land Reform (Labour Tenants) Act, No 3 of 1996 (Act). The objective of the Act was to protect all persons denied access to land as a result of past…

Employee Law
Employment law tips for the mining sector

Employment law tips for the mining sector

The Constitutional Court (in the matter of Association of Mineworkers and Construction Union (AMCU) and Others v the Chamber of Mines of South Africa and Others1) has recently handed down an important judgment related to…

Employee Law
What were the potential problems raised by the African ICC exodus?

What were the potential problems raised by the African ICC exodus?

With a greater understanding of the witness protection framework and the role of state cooperation, it is now possible to consider the possible ramifications to be addressed by the International Criminal Court (ICC or Court)…

Employee Law
Has the managed service provider (MSP) model gained traction?

Has the managed service provider (MSP) model gained traction?

The issue In a recent arbitration award (the Award) in K Sefole & 102 Others v Bidvest TMS and Nampak Glass, the CCMA Senior Commissioner found that the relationship between Bidvest and Nampak did not…

Employee Law
What is the latest on the national minimum wage?

What is the latest on the national minimum wage?

On 8 February 2017, Cyril Ramaphosa, the Deputy President of South Africa, disclosed preliminary details regarding the implementation of a national minimum wage (“NMW”). This came after social partners, representatives from government, business, the community…

Employee Law
If your boss is having an affair with your wife, does it make for constructive dismissal?

If your boss is having an affair with your wife, does it make for constructive dismissal?

Employers meddling in the private affairs of their employees have been the topic of many a discussion in the past. Typically, this revolves around the employer’s right to take action against employees for their after…

Employee Law
How can you justify your fixed-term contract?

How can you justify your fixed-term contract?

Since the implementation of the amendments to the Labour Relations Act (LRA) in 2015, there have been several interesting judgments dealing with the justification for concluding a fixed-term contract of employment. Earlier this year, Judge…

Employee Law
Why enforce arbitration awards

Why enforce arbitration awards

In the case of Mlaudzi v Metro South Towing CC (J1007/15) [2017] ZALCJHB 37 (8 February 2017), an employee brought a dual application to the Labour Court. The first part of the application was brought…

Employee Law
Long-standing practice or contractual term?

Long-standing practice or contractual term?

It is trite law that the employment contract commences from the moment the parties reach agreement on its essential terms. The parties are free to regulate their respective rights and duties in the contract in…