Case summary written byWade O’Connor and checked byAndrew Lawrie BACKGROUND This appeal arose from a referral for unfair dismissal, by an aggrieved employee (“Adams”), to arbitration under the auspices of the National Bargaining Council for the Freight and Logistics Industry (the “Council”).  The prescribed dispute referral form was signed by an attorney on behalf of
Case summary written by Megan Brook and checked by Danmari Duguid BACKGROUND FACTS On 15 July 2020, members of the South African Police Service (the “SAPS”) arrested an employee of Meimei Dong (the “Applicant”) for allegedly contravening Regulation 44(1) of the Disaster Management Act 57 of 2002 (“the Act”). The said employee allegedly unlawfully sold
By Chantelle Gladwin-Wood (Partner), Lisa Schmidt (Associate) and Lindokuhle Mashilo (Candidate Attorney) Introduction Disputes in community living schemes arise often, more so now given the current financial difficulties posed by the COVID-19 global pandemic. Where such a clause exists, a determination would have to be made as to whether the parties should or could approach
By Chantelle Gladwin-Wood, Partner and Dingumuzi Ndhlovu, Associate Introduction  Common boundary walls or party walls have become a topic of importance in modern day suburbia.  With the burgeoning population and proliferation of privately owned urban property ownership in South Africa today, the number of “wall disputes” is blossoming concomitantly. This article will explain what a
 By Chantelle Gladwin-Wood, Partner and Nicole Rens, Candidate Attorney  Introduction This article explains what mediation is, and how mediation in terms of Uniform Court Rule 41A (“Rule 41A”) is envisaged to work. What is mediation? It is: a voluntary process entered into by agreement between the parties to a dispute, in which an impartial and