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The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...
South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", [1] and is rooted in canon and Roman laws. In the broadest definition, a contract is an agreement two or more parties enter into with the serious intention of creating a legal obligation. Contract law provides a legal framework within which ...
South African law, like its Roman counterpart, recognises three forms of the contract of lease: locatio conductio rei, or renting or hire of a thing, movable or immovable; locatio conductio operarum, or employment contract or hire of labour between an employer and an employee; and
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 ...
Contract is Not Clear or Enforceable: If the contract terms are ambiguous, not agreed upon by all parties, or the contract is otherwise unenforceable, specific performance will not be granted. Speculative Purposes: If the purpose of enforcing the contract is speculative in nature, such as for anticipated profits from development or resale ...
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The Department of Employment and Labour is the department of the South African government responsible for matters related to employment, including industrial relations, job creation, unemployment insurance and occupational health and safety. Through a range of initiatives developed in collaboration with social partners, the Department of ...
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