Deadlock-Breaking Mechanisms

Deadlock-Breaking Mechanisms

The Lifelines for Agreements to Agree and Agreements to Negotiate in Good Faith   In order for a contract to be valid, it needs to fulfill certain requirements. Firstly, the parties entering into the contract need to have the capacity to do so. Secondly, there needs to be a meeting of the minds on the…

Poor Work Performance vs Misconduct

A dismissal is unfair if it is not effected for a fair reason (substantive fairness) and in accordance with a fair procedure (procedural fairness).[1] There are three grounds on which a termination of an employee might be legitimate, namely conduct, capacity and operational requirements.[2] The Code of Good Practice provides for guidelines relating to dismissals…