30 August 2021 | R Streso
Misconduct in the workplace refers, but is not limited to:
1. Absent without leave or permission:
No further explanation on this topic is required.
2. Reporting late for duty:
Both the principles of sound management and the Labour Relations Act (LRA) require that employers use firm, swift, fair and graduated disciplinary measures to deal with...
30 August 2021 | L VILJOEN
To be successful with a personal injury claim, you have to prove (establish) that another party’s negligence resulted in (caused) personal harm or injury.
When a minor gets involved in a road accident, the minor will either be a pedestrian hit by a motor vehicle or the minor will be an innocent passenger in the motor vehicle involved in the...
30 August 2021 | JJ Marais
It sometimes occurs that goods and/or services are displayed at a certain price on the shelf but has a different price when one arrives at the cashier to pay. It also happens that a certain good or service has two differing prices. The question then arises: Which price is the consumer legally obliged to pay for the goods or services?
In terms of...
30 August 2021 | A Stoltz
Trusts in South Africa are primarily governed by trust law, known as the Trust Property Control Act No. 57 of 1988 (hereinafter referred to as “TPCA”). In terms of the TPCA, trustees` duties are subject to the requirements and provisions stipulated in the TPCA as well as the trust deed of the specific trust in question. Furthermore, the law governing...
31 July 2021 | SR Mokhele
Pension and provident Fund are forms of retirement funding. Their main objective is to save money in order to provide a secure and comfortable lifestyle at retirement stage.
Pension and Provident Fund are set up by an employer for the benefit of its employees. The objective is to provide pension and provident fund benefits to the members (employees)...
A dismissal must be fair. In order for a dismissal to be fair, it must be proved that the dismissal is both substantively and procedurally fair.
These “two legs of fairness” can be summarised as follows:
1.1 Substantive Fairness
The employer is required to prove substantive fairness at a disciplinary inquiry.
31 July 2021 | M Orffer
The Executor of your estate is the person appointed to see to the administration of your estate once you have passed away. An Executor is appointed by the Master of the High Court in terms of the Administration of Estates Act, 66 of 1965 (hereinafter referred to as “the Act”). The Act gives an appointed Executor certain rights and responsibilities, and it...
31 July 2021 | JJ Marais
It often occurs that people suffer damages as a result of the negligence of a state entity and/or its employees. This could be, for example, when a person is unlawfully injured or arrested by members of the South African Police Service. In such instances a person would be entitled to claim damages from the said organ of state.
When considering whether...
What does rehabilitation mean?
The insolvency of a person comes to an end when an insolvent person is rehabilitated. The rehabilitation process allows a person who has been sequestrated to make a fresh start and relieves the insolvent from all debts which had arisen before the sequestration of the insolvent’s estate.
In South Africa, a customary marriage is defined as a marriage that has been concluded in terms of customary law. These marriages are valid in terms of the Recognition of Customary Marriages Act 120 of 1998 (Act).
Before the implementation of this Act, the wife in a customary marriage was subjected to her husband`s marital power (the husband was superior to the wife). The legislation that...