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If you have a smartphone, you probably use Whatsapp daily. This handy little app has 1,3 billion monthly active users, but is often controversial - sending your data to Facebook…
Fair play: the role of “ground rules” in a mediation
You have made an appointment with the mediator, you have signed and returned the mediation agreement, and now you are in the chair in the mediator's consulting room, not entirely…
Halting the harassment: the scope of protection available under the Protection from Harassment Act of 2011
The Protection from Harassment Act became law four years ago. In The new Protection from Harassment Act we examined the new Act, which vastly strengthened the capacity of magistrates to bring harassment to…
The enforcability of restraints of trade
Employing a key staff member can feel like risky business. They will get to know your clients, your systems, your "tricks of the trade". All well and good: you want…
NAME AND SHAME
Social media is vastly accessible. A post typed out on one's phone in a moment can be immediately available to countless users around the globe. When one has been bitten…
Exiting the exit agreement: a departing employee’s claims of coercion and duress
It happens with some regularity that an employee refers a dismissal dispute to the CCMA, and the employer arrives at the hearing bearing a termination agreement with the employee's signature. In it, the…
A paper shield? The email and social media disclaimer
"On this date, in response to the new guidelines of Facebook, pursuant to articles L.111, 112 and 113 of the code of intellectual property, I declare that my rights are…
The end of the affair – evicting a live-in partner
The Western Cape High Court was recently called upon to consider the rights of a partner in a cohabitation relationship, after such relationship ended. The plaintiff in the case was…
A R10 million oversight – the consequences of inadequate disclosure to an insurer
In the recently decided Supreme Court of Appeal case of Regent Insurance Company versus King’s Property Development, the court considered what was a material non-disclosure which would entitle an insurer to reject…
Key changes to the labour laws in 2015 – part 1: EASIER ENFORCEMENT OF CCMA AWARDS
The long-awaited Labour Relations Amendment Act came into effect, in large part, on 1 January 2015. It brought about a number of changes in both individual and collective labour law.…