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Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

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12
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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16
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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9
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

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11
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

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56
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

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92
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

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663
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

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683
Article

Suretyship vs Guarantee. What’s the difference?

02 May 2024

In this article, we look at two primary forms of security commonly found in financial transactions, namely suretyship agreements and... guarantees, and explain the difference between these two forms of security.

READ MORE
12
Article

Leave to Appeal vs Special Leave to Appeal

02 May 2024

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd... and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

READ MORE
16
Article

Can Landlords unilaterally charge for additional services?

02 May 2024

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this... article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

READ MORE
9
Article

Blazing changes in the National Veld and Forest Fire Amendment Bill

24 April 2024

In early April 2024, President Cyril Ramaphosa signed the National Veld and Forest Fire Amendment Bill.  

READ MORE
11
Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

READ MORE
56
Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

READ MORE
92
Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

READ MORE
663
Article

To click or to ink? Are electronically signed sale of property agreements valid in SA?

26 March 2024

In the current digital era, the use of electronic signatures has substantially increased, reshaping traditional practices with their convenience and... efficiency. From large corporations to small businesses, organisations are embracing electronic signatures to streamline processes and adapt to a digital business landscape. This article explores the validity of electronic signatures and specifically how it affects the validity of a sale of property agreement. 

READ MORE
683
Article
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GO
Filter: Labour
Can I be dismissed without a disciplinary hearing?

12 September 2016

I was recently fired as a manager of a retail company. The company held me responsible for stock theft that... happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any warnings or a disciplinary hearing. Surely, I should at least have had a chance to give my side of the story.

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243
Article
Fair or not: a higher wage for longer length of service?

07 July 2016

Some of my colleagues at work earn more than I do although we hold the same positions and do the... same work. I even feel I work harder than they do. The only difference is that they have been working for the company for longer than me. Surely it can’t be fair that I earn less for doing the same work only because of how long I have been with the company?

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375
Article
How to regulate employee social media use

09 February 2016

Recently one of my employees posted a number of defamatory comments via her various social media platforms regarding some of... her colleagues. I have already addressed the matter with her individually, but would like to prevent issues like this cropping up in the future and also protect my business. Most of my employees are on various social media sites and my business also has various social media accounts. Is there anything I can do?

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276
Article
Alcohol (mis)use at work functions

09 February 2016

At our recent work function for company staff at a private outside venue, a few of the staff members had... too much to drink and became loud, inappropriate and even offensive, to the point where a number of the other staff members left the function early. Afterwards a number of staff complained to me about the conduct of these staff members. How do I manage this and avoid similar situations arising at the next function?

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297
Article
Can my traditional healer book me off work?

08 September 2015

I have been struggling with bad dreams for many weeks, causing me to sleep badly. Nothing seems to help and... it is affecting my work. On advice of my mother, I eventually visited our family sangoma, a traditional healer, who informed me that I am experiencing callings from my ancestors and that I will have to be booked off work for three weeks to undergo specific training to help the dreams stop. I am very anxious to address this issue, but my employer is refusing to accept the sick note of the sangoma. Can the employer refuse this?

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274
Article
New fathers – are they entitled to maternity leave?

06 August 2015

My partner and I, a couple in a registered civil union, are planning to have a baby, either through a... surrogate or adoption. While this is very exciting, it is also stressful as there will be no traditional mother figure for the baby to bond with in the first few months, and both my partner and I have full time employment. Would either my partner or I qualify for ‘maternity leave’?

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297
Article
Is an employee settlement agreement bulletproof?

06 August 2015

My business recently had to pursue disciplinary action against an employee. This was a difficult decision and process but we... eventually reached a settlement in terms of which the employee agreed to resign and concluded a settlement agreement to that effect. I thought the matter was put to rest but now I hear the employee is going to take us to the CCMA. Surely he cannot override our settlement agreement and do this?

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217
Article
When must I retire?

16 July 2015

I am 59 years old and have been working for nearly 20 years at the same company. The office manager... recently told me that I will have to retire when I am 60 as that is the age everyone retires from the company. I had heard that most people retired at 60 but was hoping that I could stay on till 65. Must I retire at 60 or am I allowed to continue working till I am 65?

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267
Article
Working hours and minimum wages of farm workers

14 April 2015

For all employers in the agricultural sector, Sectoral Determination 13 relating to Farm Workers must be taken account of when... considering working hours and wages of your farm workers.

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316
Article
Can you use your Nanny Cam to monitor your domestic worker or nanny?

14 April 2015

After media recently reported events of violence against toddlers, many parents may be considering installing Nanny Cam Monitors in their... homes. A child’s safety is a priority for any parent and this seems a logical step to help identify or provide proof for a concerned parent of possible abuse or mistreatment. As an employer, you want to trust your domestic worker or nanny, and your concern could possibly even extend to the security of your property. But can you just install a Nanny Cam to provide evidence for your suspicions, and if you did, and it does, can you use this information?

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177
Article
How are whistle-blowers protected?

13 February 2015

How far will the law protect you when you blow the whistle on fraud or corruption at your workplace? In... South Africa today this is a pertinent question and an important one for us as citizens working towards an honest and ethical society. If we feel unprotected in making a disclosure of illegal behaviour this inhibits the freedom of persons to make the choice to disclose.

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238
Article
Must an employer accept that medical certificate?

13 February 2015

Abuse of sick leave by employees is a pandemic that affects many employers. Most employers have experience of employees staying... away at the drop of a hat and then submitting a very dubious medical certicate as evidence of their indisposition. Often employees feel that a medical certificate is irrefutable and an employer has no choice but to accept the illness of the employee. Is this really the case though?

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210
Article

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