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We are pleased to present below all posts archived in 'May 2022'. If you still can't find what you are looking for, try using the search box.
The recent case of WK Construction (Pty) Ltd v Moores Rowland [2022] ZASCA 44 (6 April 2022) has illustrated important principles with regard to the running of prescription. Despite being a concept entrenched in our law for a long time, it is evident that in some quarters there is still uncertainty as to how prescription works in practice, specifically in relation to when it actually starts to run.
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The concept of fairness is unique in labour and employment law in South Africa, and is a vital requirement in the resolution of unfair dismissal disputes. Unlike other areas of law such as criminal litigation, civil litigation or contractual disputes where lawfulness is the cog that wins the day, the fairness of actions is the pedestal upon which a case hinges upon in labour litigation.
Despite being recognised as valid in South African law, verbal agreements are like inscriptions on sand. As soon as strong winds blow over the sand dunes, the inscriptions disappear in the same breath as the wind itself. It is important for parties to reduce their agreements into writing, for record purposes and ease of reference.
The relationship between an employer and an employee is one based on trust, and where trust is broken it will most likely be untenable for the relationship to continue. This is the reason why when an employee commits misconduct of some sort, he/she may be given a verbal or written warning depending on the severity, whilst for other misconduct a sanction of dismissal is meted without a warning first. Usually, a dismissal on the first instance of committing a misconduct (without a previous warning), is where trust has been broken irretrievably between the parties.
The sine qua non principle in legal discourse, is used to describe an event that is indispensably responsible for a certain result. To put it in other words, it denotes ‘had it not been for the event,’ a certain result would not have been achieved. What this principle seeks to explain, is what was central in the case of Maroveke v Talane N.O And Others 2021 (10) BCLR 1120 (CC) (6 July 2021), although no special reference to the principle was made.
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