By

Robynne Senekal
WEED AT WORK: What should employers do about cannabis in the workplace? Employers may be wondering what to do about employees who want to exercise their newly acquired rights as adults to – “…use or cultivate or possess cannabis in private for his her personal consumption”. Constitutional Court The Con-Court has thus declared that it’s perfectly...
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“This persisting invalidity of Muslim marriages is, of course, a constitutional anachronism.  It belongs to our dim past.  It originates from deep-rooted prejudice on matters of race, religion and culture” (Moseneke J, 2004) In the recent judgment of Women’s Legal Centre Trust v President of the Republic of South Africa and Others, the Court dealt...
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A Great Tree has Fallen  We pause to celebrate a life well lived and look back on the road that the founder of our firm Garnet Venn has travelled. His journey in the firm began in 1955, the same year that he ran the Comrades Marathon, a distance of some 90 kilometres. He completed the...
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  A recent Constitutional Court case is of relevance to labour brokers, employees and those who utilise the services of labour brokers. In this case, a company was in need of additional workers. The company entered into an agreement with a labour broker (described in legislation as a Temporary Employment Service or TES). Subsequently, 22...
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REVIEWS: How do you assess the odds of success? It’s tough to lose a case in arbitration – especially if you were convinced you’d win. You’re convinced the arbitrator got it wrong and you’re thinking about taking it on review to the Labour Court. If you do, you’ll be in for the long haul –...
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On Friday 29 June 2018, the Constitutional Court handed down judgment concerning section 2C(1) of the Wills Act, and declared it constitutionally invalid. In this case, the deceased married his first wife in 1957 in terms of Islamic law. He thereafter married his second wife in 1964, also in terms of Islamic law. The deceased...
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SPLITTING CHARGES: Do multiple charges arising from a single act of misconduct make dismissal more likely? Workplace disciplinary enquiries have morphed into processes which mimic criminal trials. It starts with the choice of language. “Alleged Misconduct” has become “Charges”. And for extra gravity, Charges add “Counts” as sub-charges flowing from the primary Charge with criminal...
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