A victory for domestic workers in South Africa: an analysis of the recent ruling of Mahlangu and Another v Minister of Labour and Others (CCT306/19) [2020] ZACC 24 (19 November 2020)

Written by Alisha Naik, Candidate Attorney and Jordan Dias, Associate 30 November 2020 Introduction: Despite the advent of our constitutional dispensation, domestic workers in South Africa remained exploited, undermined and devalued as a result of their lived experiences and the effects of intersecting forms of discrimination. This article will explore the judgment handed down by
Read more
No Comments

Mabuduga v Nedbank Ltd 2020 (1) SA 599 (GP)

Case summary written by Alisha Naik and checked by Jordan Dias 24 November 2020 Background: Nedbank Ltd (“Nedbank”) instituted action against Mr Mabuduga through the enforcement of a credit agreement and had since obtained a default judgment against him. However, the default judgment was obtained after Mr Mabuduga applied for debt review and after which
Read more
No Comments

Investec Bank Ltd v Fraser No and Others 2020 (6) SA 211(GJ)

Written by Alisha Naik, Candidate Attorney and checked by Divina Naidoo, Associate 26 November 2020 BACKGROUND In this case, Investec Bank Ltd (“the Applicant”) sought an order declaring certain immovable property, owned by the Tricour Property Trust (“the Trust”), of which the First and Second Respondents were trustees, to be specially executable as a precursor
Read more
No Comments

Roberts Brother Construction (Pty) Ltd and Mpumalanga Construction (Pty) Ltd v National Union of Metalworkers (“NUM”) & Others

Case summary written by Alisha Naik and checked by Jordan Dias  Background The appellants were jointly engaged in a rural bridge construction project in the Eastern Cape. The employees, who were construction workers residing in huts onsite, embarked on a 2-day unprotected strike (“the strike”) as they were aggrieved about their living conditions.  The employees
Read more
No Comments

Occupational Health and Safety in the Workplace: A Strategy to Combat the Spread of Covid-19

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction As of 1 May 2020, South Africa entered an “Alert Level 4” of lockdown, down from the previous Alert Level 5. This has warranted amendments to specific regulations in order to enable the safe and compliant reopening of certain permitted business enterprises across
Read more
No Comments

Covid-19: A guide to the Retrenchment Process

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction Since the start of the national lockdown, the Minister of Employment and Labour has been proactive in providing employers with alternative solutions to avoid retrenching employees. However, the negative economic impact caused by the Covid-19 pandemic may be so severe that employers may
Read more
No Comments

Understanding SASRIA Cover and why it is essential during the COVID-19 Lockdown

By Lauren Squier, Associate Designate and Alisha Naik and Candidate Attorney INTRODUCTION The period of lockdown presently being experienced by South Africans – in response to the COVID-19 pandemic – has resulted in confusion and uncertainty relating to insurance policies, as well as the extent of the cover awarded thereunder. Both individuals and businesses are
Read more
No Comments

COVID-19 and the Travel and Tourism Industry: A Look at What This Means for Travel Insurance

Contributors: Lauren Squier, Associate Designate and Alisha Naik, Candidate Attorney Introduction Covid-19 has brought additional strain to the already struggling South African economy. One of the industries that has undoubtedly been hardest hit is the global Travel and Tourism industry (“the industry”). This article explores several insights around travel insurance in light of this.  Travel
Read more
No Comments

The Covid-19 temporary relief scheme for employers / employees during the Covid-19 pandemic as provided by the government through Unemployment Insurance Funding

Contributors: Alisha Naik and Candidate Attorney INTRODUCTION The COVID-19 pandemic has presented an unparalleled level of economic uncertainty in South Africa. The spread of the pandemic has forced both employers and employees to adopt a proactive role in limiting the negative impact of the virus. It is essential that employers and employees are provided with
Read more
No Comments

Covid-19 and the national lockdown: government support to employers/employees through the COVID19 TERS

By Pierre van der Merwe – Partner, Jordan Dias – Associate and Alisha Naik – Candidate Attorney Updated in line with the amended Directive issued by the Department of Labour as at 8 April 2020 1. Introduction The COVID-19 pandemic has presented an unparalleled level of economic uncertainty in South Africa.  The spread of the
Read more
No Comments