In the matter between Assign Services (Pty) Ltd and National Union of Metal Workers of South Africa (“NUMSA”) the Constitutional Court (the “CC”) handed down the judgement in relation to the interpretation of section 198A (3) (b) of the Labour Relations Act (the “LRA”) in terms of Temporary Employment Services (the “TES”) and employees. As of the handing down of the judgement, the conclusion in terms of TES staff has been made that after a period of three months of the employee being placed on the client site, the employee becomes a permanent employee of the client... Read More
It is often disputed that misrepresentations made by an estate agent in the sale of property bind his or her mandate.
A contracting party who seeks relief on the basis of a misrepresentation or misstatement must establish the following elements:a precontractual incorrect statement; which was material or wrongful (unlawful); made by the other party to the contract (or someone for whom he or she is responsible); with the intention of inducing the contract; and which induced the contract or caused the other party to suffer loss... Read More
Law of Contract: The legal status of emails: Spring Forest Trading CC v Wilberry (Pty) Ltd t/a Ecowash and Another
Do emails have the same legal status in law as paper-based documents and conventional signatures? This question was addressed in the Spring Forest Trading-case.
Two parties, Wilberry and Spring Forest, entered into several agreements in terms of which mobile dispensing units were used in Wilberry’s car wash business.
Following a dispute, the validity of the cancellation of a number of agreements between the parties by exchange of e-mails, was relevant. The agreements contained the standard clauses providing that the agreements may only be cancelled in writing and signed by the parties... Read More