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When is an utterance racist?

In 2016 City Press carried a story with the headline, “We know racism when we hear...
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Signatures in electronic transmissions: a word of caution

We accept that an illiterate person can sign a document by way of affixing his thumbprint...
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Virtual hearings are no longer science fiction

Lockdown has taken its toll on the hearing of disputes in general. Like the different courts,...
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Mediation Advocacy – the Art of Strategy

With mediation becoming formally entrenched in High Court practice through the introduction of Rule 41A, legal...
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Wake-up call for minority unions

On 18 May 2020, the Labour Appeal Court (LAC) overturned a decision by the Labour Court...
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Using social media for legal purposes

We have become addicted to social media. We would be lost without it. It is where...
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A contractual clause can’t cure fraud

Namasthethu Electrical[1] learnt the hard way that it could not enforce a contractual right it had...
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Unfair dismissal may lead to reinstatement

Employers are often perplexed when a dismissed employee is retrospectively reinstated by the CCMA or a...
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DON’T LIGHTLY DEPART FROM THE DISCIPLINARY CODE

Most companies state quite categorically that the disciplinary code is a guideline. It is usually also...
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Resignation revisited once again!

After Naidoo and a fellow employee resigned from Standard Bank with immediate effect, they were told...
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Circumstantial Evidence is Important

Any and all evidence that is placed before either a disciplinary hearing or an arbitration must...
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Establish the true reason for the dismissal

When sales had decreased while costs had increased, Aveng – a large steel manufacturer – had...
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