Articles

A CLAIM FOR COMPENSATION BY LAND OWNERS

By Hugo van Heerden (Senior Associate at Hayes Incorporated) A CLAIM FOR COMPENSATION BY LAND OWNERS: THE REALLY USEFUL-CASE A decision by an authority can limit the rights of a land owner to use or develop land and might even cause financial loss to the land owner. Will a land owner be able to claim…

GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY?

By Fouché Strydom (Senior Associate at Hayes Incorporated) GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY? Your neighbour is not a nosy or noisy guy, his trees don’t drop leaves in your swimming pool, no, your trouble with the man next door relates to a fence. This fence is your glorious game fence that you…

JUDICIAL REVIEW AS A REMEDY FOR UNLAWFUL DECISION-MAKING

By Michael Jones (Associate at Hayes Incorporated) It is a fundamental principle of the South African law that government agencies and public functionaries may only do that which they are legally authorised to do. This is known as the ‘principle of legality’ and was espoused in the seminal case of Fedsure Life Assurance Ltd v…

YOUR COMPANY’S STATUTORY RECORDS

By Meryl Cummings (Head of Company Secretarial Department) When we are instructed to register a company, our client’s focus is generally on registering the Certificate of Incorporation. Once this is registered the company is able to transact and conduct its business. After incorporation, very little attention is given to the maintenance of the company’s statutory…

BUILDING PLAN APPROVAL

Imagine you own a property in Walmer Estate, Cape Town with sweeping views of Table Mountain and Table Bay. One day you discover that your boundary wall has been damaged by your neighbours who are busy clearing their property in preparation for major new building work.

AUTOMATIC TERMINATION CLAUSES

Automatic termination clauses feature in employment contracts, ostensibly intended to operate as a mechanism by which an employment relationship can be terminated. Automatic termination clauses are per se not illegal and can actually, in certain respects, be permissible.

PAY DISCRIMINATION

On 01 August 2014 the Employment Equity Amendment Act of 2013 (EEAA) took effect bringing with it material changes to the Employment Equity Act of 1998 (EEA). The changes were in accordance with the International Labour Organisation’s (ILO) Convention(s) and other international labour standards binding on South Africa.

UNDERSTANDING FIXED TERM EMPLOYMENT CONTRACTS

On 01 January 2015 significant legislative changes to South African labour law took place when provisions of the Labour Relations Amendment Act of 2014 (LRAA) were effected. The amendments drastically changed the regulation on inter alia employees working via temporary employment services i.e. labour brokers, part time employees, and employees working under fixed term contracts, the latter of which is the topic of discussion.

EMPLOYEE VS. INDEPENDENT CONTRACTOR

A common issue raised in many labour disputes is whether a person is an employee or an independent contractor. The nature and consequences of either are fundamental. An employer/employee relationship is an entirely distinctive relationship governed and/or regulated by our labour legislation which is in contrast to an independent contractor relationship governed by our principles of common law.

AGREEMENTS TO AGREE

The enforceability of agreements to agree have been the source of much debate between legal practitioners and the courts alike. There has been development of the common law regarding whether a positive obligation on a party to a contract to negotiate in good faith exists.