termination clause Archives | Insights into The Law in South Africa

Careful how you cancel – A strict approach to following cancellation clauses in construction contracts

The temptation to terminate a construction contract out of pure frustration can be difficult to resist. It all starts with the project falling behind schedule,...

by Timothy Baker and Siviwe Mcetywa

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...

by Tanya Mulligan

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

by Nadia Froneman and Sandro Milo

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...

by Anneke Whelan

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...

by Brian Kahn Inc Attorneys

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...

by Talita Laubscher and Joy Walker

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...

by Irvin Lawrence and Kara Barnard

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...

by Chantelle Gladwin and Renand Pretorius

Tag: termination clause