by Lia Marus | Dec 11, 2020 | Latest News
In law, if something ‘prescribes’ it becomes final. The process is most commonly related to debts. However, the question was raised – in Xoloani and Others v Mhoko’s Waste & Security Services (C202/15) [2018] ZALCCT 32 (5 October 2018) – as to whether or not...
by Lia Marus | Dec 3, 2020 | Latest News
In the case of Duncanmec (Pty) Ltd v Gaylard, J N.O. and Others, the Constitutional Court handed down judgment in an application for leave to appeal against a ruling of the Labour Court. This judgement upheld a decision of the Metal and Engineering Industries...
by Lia Marus | Nov 17, 2020 | Latest News
According to the principle of vicarious liability, an employer may be held responsible for an employee’s conduct. This is if the employee commits this act during the course and scope of their employment. As with many legal principles, the above-mentioned theory...
by Lia Marus | Oct 19, 2020 | Latest News
Our Constitutional Court dealt with the above-mentioned principles in the case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3. In this case, it had to be decided whether workers at five gold...
by Global Business Editor | Oct 31, 2019 | In the News and Media
first published in Business Day Law & Tax Review by Jonathan Goldberg and Grant Wilkinson The case of NTM obo Makwoeba, John and 3 500 others and Adfusion (ACMS) settles the Temporary Employment Services (TES) Constitutional Court matter which was debated in...
by Global Business Editor | Jul 4, 2019 | Latest News, Newsletters
National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25 This matter was heard in the Constitutional Court and dealt with derivative misconduct. You can access the...
by Global Business Editor | Aug 23, 2018 | Newsletters
On 26 July 2018, the Constitutional Court handed down its judgment in the matter of Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others. Judging by the press coverage, there is confusion about what this judgment means for the...
by Lia Marus | Jun 29, 2018 | Newsletters
Recently, I’ve noticed a misconception that fixed-term contracts are no longer being used. This is particularly in light of the pending judgement of the Constitutional Court in the Assign Services Case. At our recent Mid-Year Labour Law Update, a number of cases...
by Lia Marus | May 23, 2018 | Latest News
Social media is an extremely powerful tool. No longer is being published on a platform – that the entire world can see – the sole domain of print media and limited to a selected few. Anyone can become a published author thanks to the Internet and social...
by Global Business Editor | Jul 18, 2016 | B-BBEE, Gazettes
Use of National Demographics for Affirmative Action The Constitutional Court today ruled in favour of Solidarity in their case against the Department of Correctional Services. The Department had denied a number of Solidarity members’ promotions due to the...
