Category: Common Law

Derivative misconduct analysed: Individual and collective

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

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Aussie Uber contractors: No employment relationship

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees.  This is a...

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Interdicting braai nuisance: Communal housing development

Red Ant Relocation and Eviction Services v CrouseInterdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being.  “I am not persuaded...

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Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum...

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