Labour Law

Common law derivative action survives for close corporations despite Companies Act – 11 February 2022

Naidoo and Another v The Dube Tradeport Corporation and Others.
In the recent decision the Supreme Court of Appeal yet again had cause to consider two issues which have long occupied the minds of corporate lawyers: (i) the common law derivative action by means of which members of a company or close corporation may take legal proceedings on behalf of the entity in circumstances where such entity fails to institute the necessary proceedings to protect its interests; and (ii) the doctrine of constructive notice…

Employers: Beware the “Casual Worker” Myth! – May 2021

Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA)…

What about Independent Contractors/Estate Agents?:

Unpleasant CCMA Surprises for Employers

Author : Labour Law Management Consulting 21 August 2012 This article was first published on the SA Labour Guide website A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never...