Searching Content indexed under Arbitration & Dispute Resolution by ENSafrica ordered by Published Date Descending.
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The Remedy Against Taking The Law Into Your Own Hands
The merits of the plaintiff's right to possession and the defendant's entitlement to reclaim possession are immaterial. Even a thief's possession will be protected if it was peaceful and undisturbed.
South Africa
25 Jul 2019
The Reciprocal Duty Of Good Faith Undercuts Derivative Misconduct
For the first time in employment law jurisprudence, the South African Constitutional Court has considered the nature and scope of the duty of good faith within the context of the contract of employment.
South Africa
25 Jul 2019
Tread Carefully: Insubordination And Insolence Can Easily Be Confounded
Unfair dismissal disputes arising from allegations of insubordination have had their fair share of attention from South African arbitrators and the courts.
South Africa
16 Jul 2019
Legal Practitioners' Right Of Appearance At The CCMA: The CCMA Responds
Just a few months ago, South African advocates, attorneys and candidate attorneys alike were celebrating the ruling of an arbitrator attached
South Africa
28 Jun 2019
The Supreme Court Of Mauritius Sets Aside Award On Grounds Of Breach Of Domestic Public Policy
In a judgment delivered on 31 May 2019, a bench of three Designated Judges of the Supreme Court constituted under section 42 of the Mauritian International Arbitration Act,
South Africa
18 Jun 2019
New Decision May Deprive Commissioner Discretion To Refuse Legal Representation In CCMA And Bargaining Council Arbitration Proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration ("CCMA")
South Africa
4 Jun 2019
Changes In Mauritian Court Jurisdiction And Costs
Parties involved in such cases will need to make arrangements for their representatives to attend District Courts.
16 May 2019
High Court Overturns Practice Of Appointment Of Arbitrators
Every so often, a judgment is passed that upsets settled ways of doing business.
South Africa
15 Mar 2019
Undue Delay In Prosecuting Review Applications: A Cautionary Tale
Delaying the prosecution of a review application can carry the risk of a court refusing to hear the application.
South Africa
8 Mar 2019
Conversations Recorded Without Your Consent Can Be Used Against You
It is becoming increasingly easy for employees in the workplace to record conversations, meetings and disciplinary enquiries without the consent of the employer to do so.
South Africa
13 Feb 2019
Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient
The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
South Africa
11 Feb 2019
Back To Basics: Navigating A SARS Audit And Dispute Process
The obligation to make payment by a taxpayer of an assessment is not suspended merely because that taxpayer intends on disputing such assessment
South Africa
29 Oct 2018
Is The Singing Of Offensive Songs A Dismissible Offence?
The South African Constitutional Court recently handed down judgment in Duncanmec Proprietary Limited v Gaylard N.O & Others in which it considered whether the singing of struggle songs, containing words ...
South Africa
11 Oct 2018
Runaway Mora Interest In Substituted Compensation Orders?
In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court ("LAC") had to determine when mora interest ...
South Africa
19 Sep 2018
Mauritius Welcomes Changes To Its Arbitration Landscape
The MIAC will be supported by an advisory body which will be chaired by Professor Emmanuel Gaillard.
South Africa
24 Aug 2018
Can An Employer Be Held Liable For Racial Discrimination Towards An Employee By One Of Its Customers?
In this case, the CCMA commissioner accepted that the employee had indeed been bullied and victimised.
South Africa
22 Aug 2018
IP: Will You Be A Player Or A Hater?
Taylor Swift has been in the IP spotlight again and, as always, there are valuable lessons to be learned.
South Africa
8 Mar 2018
Domain Names: Getting Real
By its own very high standards, Real Madrid is not having the greatest of soccer seasons, although it has, at least, triumphed in a recent domain name case.
South Africa
8 Mar 2018
UGG, What A Legal Mess!
Many readers will know that UGG is a sheepskin boot originating from Australia.
South Africa
24 Nov 2017
When Without Prejudice Isn't
The without prejudice rule has long been part of South African law. This rule provides that statements, including admissions of liability, made in an attempt to settle litigation between parties.
South Africa
14 Jul 2017
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