by VDT Attorneys | Mar 31, 2025 | Business Rescue, Business rescue plan, Post-commencement creditor
In the Mashwayi case, Arnot Opco (Pty) Ltd (“Arnot”) entered business rescue at the instance of one of its creditors Wescoal Mining (Pty) Ltd (“Wescoal Mining”). A meeting of creditors was held to adopt a business rescue plan which afforded pre- and post- commencement...
by VDT Attorneys | Mar 31, 2025 | Cell phone in the workplace, Dismissal, Health & Safety
In the recent Labour Court judgment of Mostert v Overberg Agri-Bedrywe (Pty) Ltd (C113/2022) [2025] ZALCCT 4 (20 January 2025), the Court had to consider whether the dismissal of an employee for failing to comply with safety rules by using his cell phone while...
by VDT Attorneys | Feb 27, 2025 | Designated employer, Employment Equity, Employment Equity Act, Numerical Targets
Prior to the amendments, designated employers included employers who employ fewer than 50 employees but with a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 of the EEA. This meant that...
by VDT Attorneys | Feb 6, 2025 | Application for Reconsideration, Constitutional Issues, Section 17(2)(f)
With amendments to the provisions of Section 17(2)(f) of the Superior Courts Act 10 of 2013 which became effective in 2024, it begs the question whether an application for reconsideration in terms of Section 17(2)(f) is still available to litigants. To answer this...
by VDT Attorneys | Feb 6, 2025 | Community Scheme, Dispute, Harassment, Tribunal
In the case of MM v Kiewiet, the appellant in the court a quo alleged experiencing harassment from another resident, the respondent. The appellant obtained an interim protection order in the Magistrates’ Court against the respondent in terms of the Protection from...
