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Timing is a very important consideration to dispute resolution. The only lawful way to resolve a dispute, unless agreement is reached or there is a referral to arbitration, is to obtain a court order. There are two paths available to obtaining a court order. The first involves an application to court using affidavits. This is possible […]
Section 189A(19) of the Labour Relations Act, 1995, as amended (the LRA), which regulates so called large scale retrenchments compelled the Labour Court to find that an employee was dismissed for a fair reason if: (a) the dismissal was to give effect to a requirement based on the employers economic logical, structural or similar needs; (b) the dismissal was operationally justifiable on rational grounds; (c) there was a […]
AWARD-winning Cox Yeats has just received another prestigious honour, this time moving up in rankings to being independently voted the top medium-sized law firm in the country. Cox Yeats and its team of 45 handpicked professionals had been consistently a top achiever in the “small law” firm category in the PMR.Africa Diamond Arrow Awards. However, in the recent 2018 awards, it moved into first place in […]
In the 2017, in the case of Prince v Minister of Justice, the authority of the state to restrict what people eat, drink or smoke in their own homes was challenged on the grounds that it is an unjustifiable invasion of an individual’s right to privacy, dignity and freedom. The Western Cape High Court held that the use of […]
We are living in the digital age. We rely on computer programs and the internet for enjoyment, communication and for business. Most modern business transactions incorporate digital elements, whether it be in the advertising space, e-commerce or simply concluding an agreement on your personal computer or on an app on your phone. The obvious risk that businesses face is the ease with which intellectual property, including computer programs, can be manipulated, copied […]
Resisting the “big brand” trend, Durban law firm Cox Yeats has retained its independence while building a nimble and skilled team of legal experts focused on the community they serve. The award-winning firm, which has at its helm 45 hand-picked professionals, was founded more than 50 years ago by noted Durban legal eagle Graham Cox. Those […]
Thirty of KwaZulu-Natal's leading property developers, construction companies and industry professionals gathered at Umhlanga·s Oyster Box Hotel _in May to listen to leading South African attorney Richard Heal speak on construction disasters, at a Special Industry Groups [SIGS) breakfast organised by the Kwazulu-Natal Chapter of the SACSC. The event was sponsored by Trak Construction and […]