Amendment Rule 41A

With the publication of the long-awaited Rule 41A by the Rules Board of the Court of Law a new era in handling disputes has drawn upon us. As of the 9th March, all parties in dispute will have to consider Mediation before they can proceed to litigation. Should the...

Changes in Work Relations

During the early 1900, people were treated as if they were robots. The motto of dispute resolution was “You ain’t got a problem except for the one I tell you, you have”. This has fortunately changed for the better over the past couple of decades, where the individual...

Constructive Dismissal

Back to Case Studies Constructive dismissal is probably one of the most misunderstood concepts in South African Labour Law. On the one hand the employee may see any action by the employer that does not directly favour his position, as negative. The employer on the...

SOCIAL MEDIA – ITS DANGERS

Back to Case Studies During the past couple of months, we have seen an increase in disciplinary action taken against employees due to the “incorrect” use of social media. The first point to note is that any adverse posting done by an employee could have a negative...

Our Field Of Expertise

Mediation / arbitration is such a vast field, that any good mediator / arbitrator must specialize in a field. Wilbrink & Associates have, due to their experience and academic background, decided to specialize in the Labour and technical field. Even this field is...

Why Fight? Mediate Instead

Back to Case Studies Headings like “Church and residents clash”, or “Community fighting environmental company” makes you think: is fighting the real solution? Both sides have a legitimate case, but is fighting in court the answer. In the case of the church, the...