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How to sue a doctor or hospital in South Africa

If you or a close family member has suffered harm due to medical malpractice, you may have grounds to sue a doctor or hospital. What constitutes malpractice by a doctor or hospital? Whenever a healthcare provider has a duty of care to a patient and fails to follow accepted…

Provided By DSC Attorneys

Occupational health & safety: When working from home does the home become a workplace and what happens if you are injured at home?

INTRODUCTION The COVID-19 Regulations issued by the government have required persons to work from home, where they can. As we have engaged with our clients on a daily basis, one of the key questions is whether a person’s home becomes a “workplace” if an employee performs…

Provided By Eversheds Sutherland

by Warren Beech

How to make a medical malpractice claim in South Africa

We offer a guide on how to make a medical malpractice claim in South Africa. What counts as medical malpractice? In medical scenarios, things sometimes go wrong...

by DSC Attorneys

Demotion as an alternative to retrenchment – One way to assist employers with the COVID-19 outbreak

A number of international and local companies have requested that their employees work from home due to the dire consequences of the COVID-19 coronavirus pandemic....

Can I sue if my child is injured at school?

Parents send their children to school with a reasonable expectation that they will be just about as safe as they would be at home. After...

by DSC Attorneys

The State wants to take your house and pay you nothing

Introduction At a time when South Africa’s economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will...

by Mark Oppenheimer

The State wants to take your house and pay you nothing

Expropriation without compensation- What you need to know

One of the cornerstones of the Constitution of the Republic of South Africa (“the Constitution”) is the Bill of Rights. The rights contained therein form...

by Lennard Cowan and Nastassya Naude

Expropriation without compensation- What you need to know

Reinstatement: A remedy for unfair dismissal and unfair labour practices

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there...

by Abrahams & Gross

Reinstatement: A remedy for unfair dismissal and unfair labour practices

Determining compensation for general damages

If you have suffered harm which has resulted in pain and suffering, loss of amenities of life or disability, you could have a claim in...

by Abrahams & Gross

Determining compensation for general damages

The right to religion in the workplace – A careful balance between the right and the employer’s business requirements

South African workplaces are not immune to the winds of change blowing towards the direction of the constitutional project. The essence of this project is...

by Ndumiso Zwane and Bheki Nhlapho

The right to religion in the workplace – A careful balance between the right and the employer’s business requirements

Work permits, foreign employees and legal incapacity

The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of...

by Shahnaaz Bismilla and Neil Coetzer

Work permits, foreign employees and legal incapacity

Runaway mora interest in substituted compensation orders?

In Malatji v Minister of Home Affairs and Another, the South African Labour Appeal Court (“LAC”) had to determine when mora interest (interest accrued on...

Runaway mora interest in substituted compensation orders?

Bite your tongue! Is evidence given before the CCMA privileged?

Witnesses giving evidence before the Commission for Conciliation, Mediation and Arbitration (“CCMA”) should take care when making statements that may expose them to defamation claims. This...

by Qaqamba Moeletsi

Bite your tongue! Is evidence given before the CCMA privileged?

Is security required when instituting review applications?

As a result of an amendment introduced by the Labour Relations Amendment Act, No 6 of 2014, a review application does not suspend the operation...

by Sipelelo Lityi and Aadil Patel

Is security required when instituting review applications?

New employer bears potentially unforeseen risk of review

Employers looking to acquire a business as a going concern need to be mindful of any existing labour disputes or arbitration awards in this business...

by Nadine Mather

New employer bears potentially unforeseen risk of review