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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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4
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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7
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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3
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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3
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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49
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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83
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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653
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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669
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
4
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
7
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
3
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
3
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
49
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
83
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
653
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
669
Article
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Filter: Employer
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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815
Article
Moonlighting can be bad for your employment ‘health’

15 July 2022

Quite often new entrepreneurs start off exploring other sideline businesses while still in the employ of their current employer. Take... the example of a textile worker that starts to set up her own clothing business on the side by making clothes after hours. Is this allowed or could her employer fire her for this even if it does not affect her work responsibilities?

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536
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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361
Article
What if the employee working from home, does not work at home?

08 February 2022

If your business has employees working from home, you may be concerned about whether your employees are in fact working... their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?

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412
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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297
Article
Can Covid-19 vaccinations be made compulsory by employers?

10 August 2021

I work in a large retail store, and rumours are that my employer is going to require all employees to... be vaccinated for Covid-19. I don’t have a problem with anyone getting the vaccine, but I haven’t made up my mind yet as to whether I want to get vaccinated. What are my rights in this regard, and can my employer force me to get vaccinated?

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425
Article
What does the new minimum earnings threshold mean for employers?

16 April 2021

I noted recent media reports that indicated that a new minimum earnings threshold for employees has been promulgated. Is this... correct and what does this mean for business owners?

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339
Article
Service provider or labour broker?

10 November 2020

Our company wants to help out one of our oldest clients by allowing some of our labourers to work for... a few months for the client on a project at the client’s site. The client has had to layoff staff during Covid-19 and we would temporarily help him out with our labourers. We would continue to pay our staff with the client paying us a service fee for the labourers and other support services. Our human resources manager however is concerned that we could be seen as labour brokers should we move forward with this arrangement. Would this be the case?

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365
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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302
Article
How enforceable is that restraint of trade really?

15 September 2019

We recently interviewed a software engineer for a position at our company. In the interview it came to light that... the engineer had just left the employ of one of our main competitors and that he was bound by a restraint of trade in terms of his previous employment agreement with the company. We really want to appoint him because of his skills but are wary of the restraint. Is there any way around this?

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321
Article
Employment Equity Act amendments may impact your state contract

09 November 2018

I’ve recently heard about proposed amendments to the Employment Equity Act which I understand will make it more difficult to... tender for Government work. Is this true?

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346
Article

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