Karabo Nemudibisa

Dispute Resolution

Fraud unravels all, including contracts of employment

The insidious effect of fraud permeates the entire legal system. This is because it renders contracts voidable at the instance of the innocent party; is a crime; excludes the effects...

Employment Law

Age is nothing but a number: Can an employer fairly dismiss an employee who has reached the agreed retirement age?

In Motor Industries Staff Association and Another v Great South Autobody CC T/A Great South Panel Beaters (JA68/2021), the Labour Appeal Court (LAC) considered whether an employer...

Employment Law

Agreeing to disagree: An analysis of what constitutes termination of a project in respect of a fixed-term contract where such contract’s end date is silent

A contract forms the basis of enforceable legal obligations and corresponding rights between two or more contracting parties. Contractual obligations are easier to enforce where a...

Business Rescue, Restructuring & Insolvency

Contingent/conditional/damages claims all have locus standi to set aside BR resolution but, once a plan is rejected and no further steps are taken by the BRP, it’s over

Business rescue practitioners (BRPs) must tread with caution when they consider who is deemed a creditor in business rescue proceedings. Further care needs to be applied when the question...

News

Fraud unravels all, including contracts of employment

Age is nothing but a number: Can an employer fairly dismiss an employee who has reached the agreed retirement age?

Agreeing to disagree: An analysis of what constitutes termination of a project in respect of a fixed-term contract where such contract’s end date is silent

Contingent/conditional/damages claims all have locus standi to set aside BR resolution but, once a plan is rejected and no further steps are taken by the BRP, it’s over