Our finance & banking team is advised Harmony Gold in a US$200 million equity take out bridge loan facility, from a syndicate of banks

A prudent question is one half of wisdom: The consequences of business email compromise on individuals | Part 2

Modern day technology has afforded people the luxury of convenience. However, with this increased convenience has come an upsurge in cybercrime attacks against law firms, banks, individuals and other institutions. The most common forms of attack are ransomware attacks, hacking and phishing scams. In the first part of this alert, titled A prudent question is one half of wisdom: The consequences of business email compromise on banks and attorneys , we discussed the case of Hartog v Daly and Others (A5012/2022) ZAGPJHC 40; 2 All SA 156 (GJ) (24 January 2023), in which an attorney fell victim to fraudsters who intercepted email communication and provided false banking details. This resulted in the attorney making payment into a fraudulent account without further questioning the change in the details, leading to a claim against him by the rightful recipients of the funds, which claim was upheld by a full court. In this article, we discuss the case of Edward Nathan Sonnenberg Inc v Hawarden (Case no 421/23) ZASCA 90 (10 June 2024), in which the Supreme Court of Appeal (SCA) considered the liability of a law firm in respect of a claim for pure economic loss caused by an alleged negligent omission.

Update: Union representation in litigation disputes

Over the years, the question of whether an aggrieved employee may be represented in litigation proceedings by any trade union has been the subject of some uncertainty. That was until 2022, when the question was considered by the Labour Appeal Court (LAC) in NUMSA & Others v Afgri Animal Feeds (Ltd) (2022) 43 ILJ 1998 (LAC) where the LAC found that employees have the right to be represented by a trade union of their choice in litigation proceedings, regardless of whether the trade union’s constitution covers the industry in which the employees are employed. However, for collective bargaining rights, a trade union cannot bargain collectively with the employer in an industry outside of its scope (as the court saw this as a separate issue). To read our 2022 alert about this matter, click here [/en/news/publications/2022/Practice/Employment/employment-law-alert-29-august-union-representation-in-litigation-disputes.html#:~:text=With reference to Lufil Packaging,of union representation is unfettered.] .

Webinar Recording | Overview of the 2024 Budget Speech

National politics at work: Avoiding conflict and managing reputation in the workplace

The issue of political affairs in the workplace is perennial and, given the imminent elections on 29 May 2024, which has been declared a public holiday, the appearance of politically motivated conduct in the workplace or on workplace platforms as well as on social media may be morelikely. 

Performance guarantees in construction contracts

Guarantees are common in construction and engineering contracts. In particular, the employer may require that the contractor provide a performance guarantee.

Justice delayed could mean suspension without pay

In the case of Mark Strydom v ArcelorMittal South Africa J17647/2023, Mr Strydom approached the Labour Court on an urgent basis for an order that the decision taken by ArcelorMittal on 5 December 2023 to suspend him without pay, be declared unlawful and null and void, alternatively be set aside.