Erroneous payments to employees: Is a deduction from salary a contractual breach?

On 17 January 2024, the Supreme Court of Appeal (SCA) handed down an interesting judgment in Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022) 2024 ZASCA 5 (17 January 2024) that, amongst other things, dealt with the concurrent jurisdiction of the Labour Court and the High Court to determine a matter related to a contract of employment, and clarified whether an erroneous payment made by an employer over a period becomes a term and condition of employment.

A Changing Workplace: Diversity, Retention and Flexibility

Employment Law experts hosted a webinar titled - A Changing Workplace: Diversity, Retention and Flexibility.

Employer Defamation - Can an employee be defamed during a workplace investigation?

Employers and managers need to be cautious with statements and correspondence circulated during the course of an investigation or disciplinary process, as the publication of these may constitute defamation.

Side-stepping subpoenas

A long-standing favourite of court-room dramas, the service and use of subpoenas plays a central role in the functioning of our legal system.

Further refinements to the corporate rollover relief provisions

To survive, or not to survive? Some conditions precedent pitfalls to look out for

One of the important aspects of written agreements being subject to the fulfilment or waiver of certain agreed conditions precedent, or suspensive conditions, (CPs) before the substantive provisions of the agreement become of force and effect, is the so-called “ surviving provisions/clauses ” (also known as “ immediately effective provisions/clauses ”). In the ordinary course, the crux of the transaction contemplated in such an agreement and the clauses relating to it are suspended from the signature date until all of the CPs are fulfilled or waived (if permissible and applicable) by an agreed date or dates (fulfilment date). If all of the CPs are not fulfilled or waived by the fulfilment date, the agreement effectively falls away and will be of no force or effect. However, it should be borne in mind that the parties to an agreement with CPs may very well intend for certain of the clauses in the agreement to come into force and effect from the signature date of the agreement and to survive the falling away of the substantive provisions due to non-fulfilment of theCPs.