The manner of and reasons for termination of an employment relationship will determine the rights and obligations of the parties under the Unemployment Insurance Act 63 of 2001 (“UIA”) and this requires furnishing correct information under the UIA. Failing to do so may have serious consequences for both parties. Termination of an employment relationship may …
INTRODUCTION When does a claim for costs arising from an arbitration award become prescribed? This question involves a number of issues under the Prescription Act 68 of 1969 (Prescription Act). In Brompton Body Corporate v Khumalo 2018 (3) SA 347 SA (SCA) (Brompton) it was held that an arbitration award does not create a new …
Arbitration costs award – An indefinite claim? By Stacy-Lee Dennis Read More »
Can a guarantee payable on demand be called up even though the contractual debt forming the basis of the guarantee has become prescribed? The Pretoria High Court decided this question in Investec Bank Ltd v Lombard Insurance Company and Another (2019) ZAGPPHC (251), in June 2019. Investec Bank Ltd (“Investec”) entered into an agreement for …
In today’s digital age, business communications and negotiations are often conducted by e-mail, and electronic transactions with electronic signatures are common. In a recent case the question arose whether an agreement containing a clause requiring amendments and cancellation to be in writing and to be signed by the parties can be validly cancelled by e-mail. …
Can you validly amend a contract by e-mail? by Lizl Barnard Read More »
Written contracts commonly contain a non-variation clause. This clause usually reads something like the following: “No alteration, variation of or addition to this Agreement shall be of any force or effect unless it is reduced to writing and signed by both Parties”. This is to prevent one of the parties claiming that there was an …