Without Prejudice - Volume 16, Issue 5, 2016
Volume 16, Issue 5, 2016
Author Siphamandla DubeSource: Without Prejudice 16, pp 46 –47 (2016)More Less
May an employer substitute the outcome of a disciplinary hearing if it believes that the chairperson's sanction was too lenient (or harsh)? This question is often raised by employers, especially in circumstances where they are of the view that the employee committed serious misconduct that warrants dismissal, but the chairperson imposed a more lenient sanction. In SA Revenue Service v CCMA (2016) 37 ILJ 655 (LAC), the Labour Appeal Court (the LAC) dealt with this question and described it as an issue that goes to the heart of a fair system of employee discipline in our labour law jurisprudence.
Source: Without Prejudice 16, pp 48 –49 (2016)More Less
Employers often jealously defend their managerial prerogative, especially when it comes to sensitive issues such as health and safety in the workplace. After all, it is the CEO whose "neck is on the line" when management gets it wrong. It is understandable, therefore, that tensions can run high when trade unions seek to interfere with health and safety policies which would otherwise seem like a good idea for the improvement of safety in the workplace.
Source: Without Prejudice 16, pp 50 –51 (2016)More Less
The facts of the Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa 2016 (1) SA 202 (SCA) are, at first, quite run-of-the-mill: Land and Agricultural Development Bank (Bank) entered into a loan agreement with Panamo Properties 103 (Pty) Ltd (Panamo).
Author Roy BarendseSource: Without Prejudice 16 (2016)More Less
Local authorities often face claims for damages arising from the use of their facilities and infrastructure. Many, if not most claims against local authorities arise from alleged failures to prevent a loss where there was a legal duty to do so; authorities insure themselves against these claims and insurers are faced with the decision of whether to admit or repudiate these claims.
Source: Without Prejudice 16, pp 52 –53 (2016)More Less
In the first part of this article regarding municipalities' rights in immovable property for historical debt, we demonstrated that the analysis undertaken by Fourie J in Mitchell v City of Tshwane 2015 (1) SA 82 (GP), in which reference was had to and reliance placed on Voet, was incorrect. The approach that ought to have been adopted in considering the meaning and effect of s118(3) was simply to ascertain the intention of the legislature with reference to the established principles of interpretation of statutes.
Source: Without Prejudice 16, pp 54 –57 (2016)More Less
Author Dewaldt Van WykSource: Without Prejudice 16 (2016)More Less
What exactly is IoT (Internet of Things)? According to Google, it is "a proposed development of the Internet in which everyday objects have network connectivity, allowing them to send and receive data." The question you may ask, is why would you want your vacuum cleaner or coffee machine connected to the Internet?