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Werksmans

Previous renewal does not automatically constitute an expectation of re-renewal

12th October 2023 Does the non-renewal of an employee’s fixed term contract (“FTC”) constitute an unfair dismissal as contemplated in section 186(1)(b)(i) of the... 

Werksmans

Religious freedom and operational requirements: which one should prevail?

11th October 2023 Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, not the reverse.”... 

Werksmans

Consequences of employees misrepresenting their qualifications and professional memberships

11th October 2023 Issue: Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met... 

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Werksmans

The importance of a complete record of the arbitration proceedings

11th October 2023 Lessons from Minister of Police v Police and Prisons Civil Rights Union (POPCRU) Obo Senti and Others (PA15/2021) [2023] ZALAC 19 (23 August 2023)... 

Werksmans

Should Post-Commencement Financiers have a vote on Business Rescue Plans?

5th October 2023 A critical look at Wescoal Mining (Pty) Ltd & Another v Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023) On 2 October 2023... 

Werksmans

Should Post-Commencement Financiers have a vote on Business Rescue Plans?

5th October 2023 A critical look at Wescoal Mining (Pty) Ltd & Another v Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023) On 2 October 2023... 

Werksmans

Proving claims in an insolvent estate – basic principles reaffirmed

5th October 2023 In the recent case of Firstrand Bank Limited v the Master of the High Court and others  handed down on 29 September 2023, Potterill J in the... 

Werksmans

The in duplum rule: some insights

5th October 2023 Interest stops running when the unpaid interest equals the amount of the outstanding capital claim. This principle is referred to as the in duplum... 

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