Home /Our Insights /Home /Home
BOOK CONSULTATION SUBSCRIBE

Insights

Our standards. Your peace of mind.

GO
GO
Filter: Dispute resolution
What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done... rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement of the employee if he is successful?

READ MORE
376
Article
Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

READ MORE
301
Article
Why the decisions of our courts establish our law

27 June 2018

“A friend of mine is studying law and he mentioned that our courts must always look at previous court decisions... when considering a matter and in this way our courts also create law. I find it quite strange as I always thought we have existing laws that our courts merely apply. Can our courts really also create law?”

READ MORE
588
Article
Can I be dismissed without a disciplinary hearing?

12 September 2016

I was recently fired as a manager of a retail company. The company held me responsible for stock theft that... happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any warnings or a disciplinary hearing. Surely, I should at least have had a chance to give my side of the story.

READ MORE
431
Article
Commercial Mediation: The long-awaited arrival of mainstream mediation

11 June 2015

This article provides a general overview of the process of mediation, specifically in the commercial context. In the international arena,... mediation has become a primary option for parties wishing to resolve their disputes as its potential benefits outweigh lengthy litigation. In South Africa, commercial mediation is a recent development, but is well on its way to becoming an efficient and cost-effective alternative to litigation. The introduction of court-aligned mediation in the Magistrate’s Courts of South Africa adds impetus to the notion that mediation is here to stay.

READ MORE
400
Article

Subscribe To Our Newsletter

SUBSCRIBE NOW