MUTUAL TERMINATION AGREEMENTS
By Venolan Naidoo (Senior Associate at Hayes Incorporated) MUTUAL TERMINATION AGREEMENTS: CAN AN EMPLOYEE WAIVE THEIR RIGHT TO FURTHER RECOURSE AGAINST AN EMPLOYER?
Community Schemes Ombud Service Act
By Michael Jones (Associate at Hayes Incorporated) Community Schemes Ombud Service Act: A new ombud to resolve disputes of homeowners’ associations and body corporates
ANNUAL RETURNS
By Melanie Schoombee ANNUAL RETURNS: PUT IT ON THE ANNUAL CALENDAR!
RESTRAINTS OF TRADE
By Hannah Claassens (Associate at Hayes Incorporated) RESTRAINTS OF TRADE – ‘GETTING CAKE ON YOUR FACE?’ This case of The Velvet Cake Company (Pty) Ltd v R Niehaus & Blondies and Brownies Bakery CC 2016 [Reportable] centres around two bakeries in Cape Town CBD, The Velvet Cake Company (Velvet) and Blondies and Brownies Bakery (Blondies…
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…
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.