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Labour Law: Resignations and the parties’ contractual obligations

Many employers often find themselves in a predicament when employees resign without adhering to the notice periods stipulated in the contract of employment. In order to address the recourse available to employers, it is important to first look at what legislation prescribes for notice periods.

1. Notice periods

A reasonable notice period that either party in an employment relationship needs to abide by is derived from common law, however section 37 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) has specifically developed the common law and makes specific provision for notice periods... Read More

Shipping Law: The significance of underwater cultural heritage and conflicting legal interests

During April 1998, excavations for the construction on an office building near the San Rossore train station in the classical port of Pisa revealed nine Roman ships and confirmation that the harbour was one of the greatest ancient Mediterranean ports. The discovery of the vessels, which include a warship, together with their ancient cargo and remains of a Roman soldier and his dog, will allow marine archeologists to extend their knowledge of Roman shipbuilding techniques and of classic trade. The cost of excavation and the restoration process is estimated at $6 million... Read More

Sectional Title Schemes: Deviations from section 25 plans finally settled

Deviation from the section 25(2)(a) and (b) plans when exercising a real right of extension has been soaked in debate since their introduction as a potential “plot-and-plan” option in sectional title developments. Alan West analysed the recent unreported case of Hartenbos Woonwapark CC v Registrar of Deeds and others and argues that the issue has finally been put to rest.

In the initial case of Dolphin Whisper Trading 10 (PTY) LTD v The Registrar of Deeds and another (20645/08) [2009][ZAWCHC] the Court found that if there is not sufficient evidence of changed circumstances, the real right of extension has to be exercised strictly in accordance with the section 25(2)(a) and (b) plans... Read More

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