Time to bail out? – Dismissal for “Operational Incapacity”
Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business...
Tag: termination clause
Is a fixed term contract really that fixed?
Currently employers believe that:
if they prematurely terminate a fixed-term employment contract, they will have to pay the employee the remainder of contract; and
they can only retrench employees employed on fixed term contracts if the contract contains a clause…
Provided By Eversheds Sutherland
Ubuntu and the sanctity of contracts
The Supreme Court of Appeal recently had an opportunity to consider the validity of an agreement to agree. Over the years our courts have been...
Cancelling a contract? The do’s and dont’s to consider!
Every person, whether an individual or a juristic person, will find themselves in a situation where they will want to terminate a contract. The aim...
What is one month’s notice?
The interpretation of a “month’s notice” in a termination clause and whether a qualifier, such as a “calendar month’s notice”, bears any significance, has been...
Automatic termination of employment: Not always clear-cut
In the recent decision in Enforce Security Group v Mwelase Fikile and Others, the South African Labour Appeal Court was tasked with looking at the...
How to cancel a residential lease
Introduction
There are a number of different laws that impact on residential leases. This article explores those relevant to the cancellation of a residential lease, and...
