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Transfer of Businesses as a Going Concern: What Business Owners Need to Know

Introduction In today’s fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment [Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2 (27 January 2023)] has shed light on what constitutes a bona fide transfer of a business […]

MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances.   Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action […]

PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS

When does prescription begin to run? We see that subject to the provisions of subsections (2), (3) and (4) of section 12 of the 1969 Prescription Act, extinctive prescription in respect of a medical negligence right of action begins to run ‘as soon as the debt is due’.   According to John Saner SC, it […]

WHAT IS AN UNLAWFUL ARREST?

Law enforcement members such as officers or officials of the South African Police Service (SAPS) or Metro Police is not allowed to arrest a person or just take a person into custody whenever they feel like it- they must have probable cause to make an arrest. Probable cause is a conformable indication that a crime […]

CALCULATION OF EMPLOYEE’S REMUNERATION

GN 691 OF 23 MAY 2003:  CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35 (5) OF THE ACT (BCEA)   With compliments from the Department of Labour…   The Minister of Labour has determined, in Government Notice 691 dated 23rd May 2003, that the following method of calculating employee’s remuneration for the purposes of […]

OVERPAYMENTS

In terms of section 35(5) of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration. The Labour Court has ruled that where an overpayment had been made, all the […]

WHAT IS A BENEFIT?

Sadly, there is no definition of “benefits” in the Labour Relations Act, No. 66 of 1995 (LRA). Over the years the Labour Court and the Labour Appeal Court have had to try to make sense of this term and there have been many and varied interpretations. Earlier decisions made a distinction between remuneration and a […]

UNLAWFUL ARRESTS AND DETENTION

If you have been arrested for something you did not do, or arrested and detained in a wrongful manner and on unlawful grounds, then you may have sufficient reason to submit a wrongful arrest claim against the South African Police Service (SAPS), or other law enforcement agency, if relevant. The South African law and the […]

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