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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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33
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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45
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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622
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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617
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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663
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
26
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

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55
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
58
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
33
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
45
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
622
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
617
Article

Safeguarding your legacy for your children

26 March 2024

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

READ MORE
663
Article

AI Rights vs Human Rights

20 March 2024

The age of artificial intelligence (AI) is one of the world’s ground-breaking developments, and powerful enough to transform and advance... the entire world. However, the excitement of AI being an incredible tool must not overshadow the actual humans and their rights that must still be protected in the era of AI.  

READ MORE
26
Article

How far does employer liability for the actions of its employee extend?

22 February 2024

It is relatively well-known that employers can be held liable for the conduct of their employees. What is generally less... well-understood is the scope of this liability. For example, can an employer be liable for the conduct of an employee even while on sick leave? In this article, we take a look at an employer’s vicarious liability and how far this liability may extend.

READ MORE
55
Article

Construction Contracts: Is it a “one-size-fits-all” decision?

22 February 2024

Clients often have very different perceptions about the necessity and type of contract they may need for their construction contract.... Surprisingly, even with large development projects, there is often the view that if you have the quote and designs, why then bother with a contract? In this article, we provide some guidance on the various types of construction contracts that can be considered for a building project, large or small.

READ MORE
58
Article
GO
GO
Filter: Employment
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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235
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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362
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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265
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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284
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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259
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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208
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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259
Article
BEE and Employment Equity: Birds of a Different Feather?

15 June 2015

Compliance with BEE and Employment Equity legislation has become a mandatory requirement for doing business in South Africa. However, the... concepts of BEE and Employment Equity are often confused and troubled by misconceptions that compliance with one, equals compliance with the other. It is important for business owners to differentiate between these concepts and also understand the inter-relationship that governs them.

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273
Article
Workplace defamation: Can I claim damages?

11 June 2015

You are a supervisor managing a number of staff. The business is upon hard times and this stress spills over... into the workplace where staff tempers are short. One day a heated argument between employees arise. When you try and calm them down, the one employee verbally attacks and abuses you, calling you unintelligent and a liar and hurls derogatory slurs at you to embarrass you in front of the other staff. You feel belittled and reluctant to face your staff because you feel your character has been undermined by the employee’s conduct. Can you sue this employee for defamation of your character? 

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275
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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294
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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169
Article
Can failing a polygraph test be grounds for dismissal?

16 March 2015

A polygraph test, popularly known as a “lie detector test”, is a device that captures basic types of psychological data... – usually differential blood pressure, heart rate, respiration rate and skin conductance. A person being examined by the use of this device will typically fear being ‘caught’ lying and his body will react reflecting that fear, which reactions are then captured by the polygraph test. But can ‘failing’ a polygraph test constitute grounds for dismissal of an employee?

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161
Article

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