Cross-Border Complexity: Negotiating International Arbitration Agreements with a State

Costly negligence: Employee ordered to pay damages for contract breach and financial harm

In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance of fiduciary responsibility by senioremployees. 

What’s wrong with business rescue?

According to recent Statistics South Africa (Stats SA) data, there has been a rise in company closures, with liquidations increasing by 14,3% in April 2024, when compared to April 2023. Further, according to the Fitch Ratings forecast of real gross domestic product growth, we will see an increase of only 0,9% in 2024 and at best 1,3% in 2025. Against this backdrop, and given our social, economic and political landscape, organisations in South Africa face real challenges, and business distress can beexpected.  

Take care before you share: The dangers of social media use in the workplace

Kgodisho Phashe, Senior Associate in the Employment Law practice joined Bridget Masinga on SAFM to talk about Take care before you share: The dangers of social media use in the workplace.

Robin Hood and the anti-dissipation interdict

The legend goes that once upon a time and in a land far, far away, Robin Hood and his merry band spent their time stealing from the rich and giving to the poor. With Little John, Friar Tuck, Maid Marian and others, Robin would rob wealthy nobles as they passed through Sherwood Forest and then distribute the valuables to needy common folk. Prince John and his barons, vexed by the actions of the outlaws, instructed the Sheriff of Nottingham to find the valuables and lock them in the castle before they were given away to the poor and lostforever.  

To pay or not to pay? An employer’s liability to pay severance pay where alternative employment is secured

In the recent judgment of Khanya Cleaning Group (Pty) Ltd v South African Transport & Allied Workers Union and Others (PR32/2023) ZALCPE 39 (2 October 2024) the Labour Court clarified the extent of an employer’s duty to make payment of severance pay to an employee dismissed for operational requirements (a retrenchment) in circumstances where the employer played an active role in securing alternative employment for the retrenched employee with a newemployer. 

Webinar Recording | Overview of the 2024 Budget Speech