Legal Articles

 

Legal Articles

Is A Refund Always Possible - Consumer Protection

As businesses move to recover from the effects of the Covid-19 pandemic, in some way consumers are getting the better end of the bargain. A good number of shops and suppliers are offering sales, discounts and specials to get an upper hand over their competitors and gain a substantial share in the market. While this may definitely be pocket friendly for the average shopper/consumer, the need to scrutinise the terms and conditions upon which these bargains come is ever important.

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SARB Raises Interest Rate - Of Interest Is What One Can Do

The Reserve Bank of South Africa (SARB) recently announced that the Monetary Policy Committee (MPC) had decided to raise the repo rate by 50 basis points, to 4.75% with effect from the 20th of May 2022. This is a departure (though not shocking) from a trend that the market had got accustomed to, where the rate mostly fluctuated on a quarter point basis.

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Does The CPA Allow Police To Search Without A Warrant

The right to privacy is one of the fundamental rights that are protected in the Constitution of the Republic of South Africa Act 108 of 1996 (the Constitution). Indeed, privacy is one of the key issues that have been of much debate in the past two decades the world over. In the context of South Africa, we recently saw the coming into effect of the Protection of Personal Information Act 4 of 2013 in July 2020, although some of its sections had came into effect in 2014.

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Knowing Is Enough, Proving Is Another - Prescription

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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Faring The Fairness Of A Dismissal In Labour Law

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.

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Why Having An Employment Contract In Place, Is Not Just Talk

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.

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When "Sick" Is Not "Sick" Enough For Sick Leave

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.

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Of Reinstatement And Backpay - The Maroveke Case

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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Striking The Right Cord - STRIKES Part III

Resorting to strike action by employees or a labour union is indicative of the fact that the grievances raised have remained unresolved. However, strike action may have undesirable consequences for the participants in the event that it is not protected (not in compliance with the law). Therefore, it is imperative for employees and/or their representatives to ensure that the action complies with the law to avoid dismissals. As in the previous instalment under the same title, we shall continue to discuss the legal principles surrounding strikes.

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Striking The Right Cord - STRIKES Part II

The employer-employee relationship is one where the bargaining power between the parties is not grounded on equal footing. This is because of the competing interests between the two sides and to some extent, the economic bargaining power. When an unskilled or semi-skilled employee negotiates, he/she does so from a position awake to the fact that should no consensus be reached, there is a ready market of job seekers who can offer their services on the very same terms. This often results in grievances, and sometimes strikes. Can employees engage in strikes willy-nilly?

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