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Confidentiality or non-disclosure agreements (NDAs) may limit or exclude the parties’ liability for damages in certain circumstances.
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Private arbitration clauses are a common feature in employment contracts. It is often argued that the private arbitration process provides parties with more control...
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Parents should realise that there are potential consequences associated with posting photographs of their children on social media, particularly as paedophiles and...
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Once signed into law, the Financial Sector Regulation Bill (Twin Peaks Bill) will significantly amend the current s14 of the Financial Advisory and Intermediary...
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What is the “cautionary rule” and how is it to be applied in labour tribunals? The cautionary rule is a rule of law which obliges a court to warn itself of the...
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Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act (LRA)?  If so, whether the...
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When an employer has reason to believe that an employee has committed serious misconduct it may be necessary to conduct an investigation prior to commencing a...
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With the imminent appointment of the Information Regulator for the Protection of Personal Information Act (PoPI), companies urgently need to upgrade their...
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In the case of Opperman v CCMA and Others (C530/2014) [2016] ZALCCT 29 (17 August 2016), the employee, who was employed as a nurse, was asked to undergo a...
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The management of employee leave can be an administrative headache at the best of times, but knowledge of the law and understanding of which forms of leave are...
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A certain question has been the subject of a number of recent court cases: Is an interim order or a decision which does not dispose finally of a case appealable?
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The Labour Appeal Court (LAC) issued a stern warning that it will not tolerate racism, in any form, in the workplace. In the recent case of the City of Cape Town v...
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“The greatest threat to our planet is the belief that someone else will save it” – Robert Swan, first person to walk to both the North and the South Pole.
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Employers and employees who elect to resolve disputes between themselves often conclude settlement agreements wherein they record the terms of their agreement.
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In the current tough economic times, it is common for companies to consider alternative funding arrangements to fund their activities, which minimise their cash flow...
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In July 2016, revised drafts of the subordinate legislation to the Financial Markets Act, 2012 (FMA) were released for comment. However, the second draft of the...
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The Labour Court hears an increasing number of applications to enforce restraint of trade agreements. In these cases, employers seek to prevent employees from taking...
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The Local Procurement Accord was established in 2011 by government with the intention of putting policy in place to develop local suppliers and better utilise local...
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In our Alert of 16 November 2015 entitled Liars, cheats and thieves, we dealt with Hayward v Zurich Insurance Company PLC - a 2015 decision by the England and Wales...
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Easi Access Rental (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration 8 BLLR 783 (LC).

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