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Filter: Contract Management
The Applicability of Section 73A of the BCEA on Independent Contractors

03 September 2024

The difference between employees and independent contractors carries significant weight within the employment law sector. Being considered an employee affords... you a plethora of protections and dispute resolution mechanisms, while the other, not so much. But what happens in the case where you worked for someone, and they refuse to pay the monies due to you? Does your ability to claim owed monies through the Commission for Conciliation, Mediation, and Arbitration (CCMA) depend on whether you are classified as an employee or an independent contractor? This article aims to argue that independent contractors may refer a dispute to the CCMA in terms of Section 73A of the Basic Conditions of Employment Act (BCEA).

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4026
Article
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944. CONSENT TO JURISDICTION

05 December 2022

“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of... R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agreement where the debtor and myself consent to the jurisdiction of the Magistrates Court in order to save costs when action is brought due to the debtor failing to perform in terms of the agreement. Kindly explain this situation to me.”

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10293
Article
Early cancellation of a residential lease agreement by the tenant

29 July 2020

The year 2020 has been an unpredictable year, to say the least. Each new week seems to hold its own... uncertainties and concerns. In such times, it is important for tenants of residential property to know what their rights are in terms of premature cancellation of lease agreements that may be necessitated by COVID-19, the pursuant lockdown and general change of personal circumstances.

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3290
Article
Relying on a vis major clause in a contract in times of COVID-19

29 June 2020

The COVID-19 pandemic threatens various economies and challenges several governments. After the pandemic dawned on South Africa, President Cyril Ramaphosa... announced a National State of Disaster on 15 March 2020 and then a national lockdown commencing at midnight on 26 March 2020. As a result, schools, churches and businesses have closed down, until further notice. These closures will challenge several contractual rights and obligations.

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834
Article
Cancelling a contract? The Do's and Dont's to consider!

06 February 2018

When a person wants to cancel a contract, the cancelling party (innocent party) will have a choice to either cancel... the contract or to enforce it. This article refers to the innocent party and the party in breach. The reader must however remember that fault it not a requirement for breach of contract.

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1088
Article

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