May an employer invoke a confidential agreement to conceal wrongdoings in the workplace? In the matter of Natasha D. Jacobs vs KwaZulu-Natal Treasury [2021] ZALAC 50 (9 December 2021), the labour appeal court answered the above question in the negative. The court found that a confidentiality agreement cannot be used to conceal the wrongdoings of...Read More
PICKET vs GATHERING (National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020) [2020] ZASCA 161 (7 December 2020)) Is a picket organised by a trade union in furtherance of a protected strike, a gathering to which the provisions of the regulations of gatherings...Read More
It has long been established that a B-BBEE Verification certificate is used in tenders to substantiate the B-BBEE rating of the bidder. However the inclusion of such certificate and the status level of the bidder has never been used as an exclusionary factor when tendering. In the case of Rodpaul Construction CC t/a Rods Construction...Read More
It has been widely accepted by South African Courts that once a settlement agreement has been reached, by consent, then it may be made an order of court and this would result in the finalisation of a matter. In the matter of Buffalo City Metropolitan Municipality // Asla Construction (PTY) LTD [2019] ZACC 15, the...Read More
In terms of the doctrine of separation of powers; specific functions, duties and responsibilities are allocated to and reserved for a distinctive sphere of government, namely, the Executive, Legislature or Judiciary. It is in terms of this doctrine, that it has been widely accepted that the judiciary cannot be involved in the formulation of policy,...Read More
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