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A lenient and pragmatic approach in resolving the impasse between retail tenants and retail landlords may be a preferred, as opposed to a strict and purely contractual approach given the uncharted territory retail tenants and landlords find themselves in as a consequence of lockdown.
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There are a number of alternatives to retrenchments, which are suitable to both employees and employers. However, employers are cautioned to ensure that they are procedurally and substantively fair and are proposed as such, under a consensus seeking process, in terms of the Labour Relations Act.
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COVID-19: Its impact on employment contracts in Zimbabwe – an analysis into Zimbabwean Labour Law and the relevant legal principles which could serve as a guide for employers and employees in reaching an equitable compromise in dealing with the pandemic
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Some countries seeking to enforce a coronavirus lockdown have considered the use of drones manned with loudspeakers and cameras to assist law enforcement officials impose the lockdown. The Financial Times recently reported that a police department in California plans to use two large drones for these purposes.
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Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. In this respect it is often seen as being the online equivalent of Alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
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COVID-19 could lead to substantial losses being suffered by parties as a result of non-performance, but reliance on force majeure in such cases will depend on how it has been defined in their commercial agreements and what steps they have taken to mitigate the losses.
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The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s DirectiveAmendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
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While lawyers continue to provide advice, consulting and commercial services, the directives issued in terms of the Disaster Management Act will have a profound effect on some litigious matters and the way matters are handled in court, as they will restrict and limit access to courts and judicial functions.
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It’s alarming how quickly the COVID–19 (or “Coronavirus“) is spreading. Employers and employees need to do all they can to limit the impact of this on businesses, as our economy is already under severe strain! Businesses need to stay open and keep doing business or else!
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COVID-19 is an epoch-making opportunity to revamp our entire out-dated and adversarial civil procedure so that it is more in line with the principles of Ubuntu and the Constitution. At the same time we can massively expand access to justice in the digital world to all, including the poor, by using platforms such as Zoom, Microsoft Teams and Skype.