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Developers caught off guard with sectional title costs

31 October 2024

In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.

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6
Article

See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

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8
Article

Cast your nets and navigate the waters of phishing and whaling

30 October 2024

With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.

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9
Article

Why the right executor is vital for your family

29 October 2024

Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.

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6
Article

Who pays for construction delays?

29 October 2024

There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.

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9
Article

Landowners, be fire-wise!

28 October 2024

The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer.... However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires. 

READ MORE
7
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

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59
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

READ MORE
54
Article

Developers caught off guard with sectional title costs

31 October 2024

In a recent ruling, the KZN High Court clarified that developers holding a real right of extension are   responsible for... contributing to the maintenance costs of sectional title schemes.

READ MORE
6
Article

See no evil, speak no evil: reporting misconduct

30 October 2024

What are the consequences of an employee turning a blind eye to the misconduct of their fellow employees? The CCMA... recently confirmed that dismissal may be an acceptable consequence for failing to report wrongdoing.

READ MORE
8
Article

Cast your nets and navigate the waters of phishing and whaling

30 October 2024

With the digital world evolving at unimaginable speeds, cybercriminals are cashing in as they attack individuals and businesses without constraint... from virtually anywhere. South Africa and the African continent are coming under heavy fire from cyber criminals as growing economies expand their internet accessibility and so open new and vulnerable targets for cyber-attacks. In this article, we look at a form of cyber-attack called “phishing” with its variants and what you should look out for.

READ MORE
9
Article

Why the right executor is vital for your family

29 October 2024

Dealing with the passing of a loved one can be extremely difficult for family members, especially when it comes to... handling all the administrative tasks accompanying the winding up of the deceased’s estate. This makes choosing the correct executor in your will a crucial step in ensuring that you leave your loved ones with a reliable and capable person who can make good decisions and administer your estate following your wishes.

READ MORE
6
Article

Who pays for construction delays?

29 October 2024

There is an old joke in the construction sector that says, “All construction projects follow the 3, 2, 1 rule... - It takes three times longer than planned, costs twice as much as planned, and you only ever develop property once.” This is obviously an exaggeration, but as is often the case, there is some truth in the joke. In this article, we explore construction projects that are not completed by their deadlines, examining who should be held accountable for this and the additional costs that usually follow.

READ MORE
9
Article

Landowners, be fire-wise!

28 October 2024

The beginning of spring can be a time of rejuvenation as colours return and the days become longer and warmer.... However, in South Africa, September and October are well-known for their unfavourable winds and dry conditions, and with our climate becoming ever hotter and drier, weather conditions become highly susceptible to veldfires. Landowners should take heed and prepare for veldfires and potential claims for damages associated with veldfires. 

READ MORE
7
Article

The Companies Amendment Act puts directors in the hot seat

03 October 2024

Recent amendments to the Companies Act—through the Companies Amendment Act 16 of 2024 and Companies Amendment Act 17 of 2024... (collectively referred to as the “Amendment Acts”)—introduce a host of changes that all directors need to be aware of. This article offers an overview of the significant updates to the Act.  

READ MORE
59
Article

Merging the pieces when transactions become indivisible

03 October 2024

On 28 June 2024, the Competition Commission published Draft Guidelines under section 79(1) of the Competition Act to address its... approach towards 'indivisible transactions.' These guidelines are aimed at providing clarity on how multiple transactions can be evaluated as a single merger filing. In this article, we explore the key elements of the Draft Guidelines and the rationale behind their publication, offering insight into their potential impact on merger control in South Africa. 

READ MORE
54
Article
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GO
Filter: Disciplinary action
How you can get fired for airing an opinion on WhatsApp

15 September 2022

With the prevalence of social media and platforms for sharing information, is it possible that you can get fired for... a post or group message you made?

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986
Article
Can you take steps against an employee who refuses to testify?

13 April 2022

Often when employers are confronted with serious misconduct by an employee, a vital part of the disciplinary process is to... have other employees testify about the misconduct where they were eye witnesses and/or have knowledge of the misconduct committed. But what happens when an employee refuses to testify against another employee?

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435
Article
Can you dismiss an employee for refusing to be vaccinated?

21 March 2022

Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated... against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?

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538
Article
Can you be dismissed for not wearing a face mask at work?

12 October 2021

I’m an HR manager and also responsible for health and safety at my workplace. Lately I’ve noticed an increasing number... of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be dismissed for not wearing their face mask?

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451
Article
What is the impact of an immediate resignation on pending disciplinary procedures?

15 September 2019

We’re investigating a number of employees in our company over the last few months and identified serious transgressions warranting disciplinary... action. We instructed human resources to issue disciplinary notices to the relevant employees, following receipt of which three of the employees resigned with immediate effect. Despite their resignations, can or should we still proceed with disciplinary action against these employees now that they have resigned?

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476
Article

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