Articles

    Introduction The technologically-driven trend towards cryptocurrency and untraceable digital currency sectors has been operative since the late 20th century. It continues to gain popularity with modern-day money markets and economic development. This has invited the urgent need for progressive legislation and other policy frameworks to be put in place to regulate digital trading.  …

  One of the much-vaunted facets of exaggerated arbitration over the conventional “court route” is that it offers more privacy and confidentiality. This one time a client posed a question to me which got me thinking and acquainted me with the possibility that there is a misconception about the phenomena of confidentiality and privacy in …

I. Background of the case This case turns on the provisions of Statutory Instrument 33/19 which stipulates in the relevant parts that, “for accounting and other purposes, all assets and liabilities that were, immediately before the effective date, valued and expressed in United States dollars (other than assets and liabilities referred to in section 44C(2) …

If the employer has reasonable cause to believe that an employee has committed an offence, the employer has the right to suspend such an employee with or without benefits.[1] However, it must be noted that if the employment relationship is governed under an employment code registered in terms of Section 101 of the Labour Act, …

  A contract of employment is the legal document that governs the employment relationship between an employee and his/her employer. Generally, when entering into a contact of employment, the employee agrees to render his services to the employer on agreed conditions of service and the employer undertakes to pay the employee a wage. In certain …

Unfair dismissal occurs when an employer fails to substantiate the alleged misconduct necessitating dismissal. This normally happens after an employer has terminated the employee’s contract of employment (written or otherwise) in violation of the provisions of Section 12(4a) and 12 B (1) and (2) of the Labour Act[1]. The remedies for unfair dismissal include reinstatement, …

  INTRODUCTION Labour Act (Chapter 28:01) Section 6 (1)(a) provides that “No employer shall pay any employee a wage which is lower than that to a fair labour specified for such employee by law or by agreement made under this Act” and Section 6 (2) further provides that “ Any person who contravenes subsection (1) …