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A term may not be implied if it conflicts with the contract's express terms, or if these indicate that the parties did not wish to include that term. As Corbett AJA noted in Alfred McAlpine v Transvaal Provincial Administration , 'In legal parlance the expression "implied term" is an ambiguous one in that it is often used, without ...
The Basic Conditions of Employment Act is aimed at low-income earners: those who earn less than R193,805 per annum. [8] No matter what the contract itself says, the Basic Conditions of Employment Act is applicable as the minimum standard that must be achieved.
Open-ended employment contracts are also called permanent, indefinite, or continuing contracts as they are typically used for long-term employment situations (University of Strathclyde, 2013). This type of employment contract may be terminated if either party gives appropriate notice to the other party or in specific instances such as health ...
It is such an important issue that this implied term can override (in certain circumstances) an express term of the employment contract. e.g. excessive hours for junior doctors (See the Court of Appeal decision in Johnstone v. Bloomsbury Health Authority)
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer are mediated through a contract of employment between the two. This has been the case since the collapse of feudalism. Many contract terms and conditions are covered by legislation or common law.
South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.
Pages in category "South African contract law" ... Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .