Two recent judgments handed down by the Labour Appeal Court (in the matters of Sadan and Another v Workforce Staffing (Pty) Ltd and Beedle v Slo-Jo Innovations Hub (Pty) Ltd) have reiterated the conservative approach adopted by our courts when determining the reasonableness of a long restraint of trade.
Continue readingSouth Africa: Labour Appeal Court clarifies the requirement for a claim of constructive dismissal based on mental ill health
It is generally accepted that the onus on an employee to prove a constructive dismissal is heavy.
In the recent Labour Appeal Court case of Sanlam Life Insurance Ltd v Mogomatsi and Others the Court has ruled that an employee who alleges constructive dismissal based on mental ill health must prove that the employer knew or ought to have known of the existence of the mental ill health.
South Africa: Corporate Law Update, July 2023
Our July 2023 Corporate Law Update, which provides an outline of some trending topics in South African M&A together with noteworthy regulatory and case law updates for the first half of 2023.
Continue readingHarnessing Africa’s Free Trade Agenda – Trade in goods under the AfCFTA
The African Continental Free Trade Area (AfCFTA) agreement aims to achieve the free movement of physical goods throughout the African Union, and the liberalisation of trade through the implementation of preferential tariffs.
Continue readingChambers and Partners: Acquisition Finance 2023 Guide – South African chapter
Head of General Finance, Ulrike Naumann; partner, Joshua Janks; senior consultant: Tax, Aneria Bouwer; and knowledge and learning lawyer: Finance, Alison Mellon, wrote the South African chapter in Chambers and Partners global practice guide to acquisition finance for 2023.
Continue readingSouth Africa: The tussle between unilateral extension options and pre-contracts in football
Over the years football clubs have adopted various strategies to recruit and retain talent. It has become common for football clubs to insert unilateral extension options in player contracts to avoid losing players on a free transfer. At the same time, potential clubs seek to recruit players by concluding pre-contracts with them prior to the expiry of their existing contracts.
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