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Employment and Labour Law
March 13, 2024ByIn

When is Resignation a Constructive Dismissal?

When is Resignation a Constructive Dismissal? “…the prospect of continued employment must be shown to have been objectively intolerable and the employee must have resigned due to the intolerable situation and not for another reason.” (Extract from judgment below) Perhaps you are an employer, and that troublesome employee who you’ve been hoping would resign does...
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PropertySalesRejected
March 13, 2024ByIn

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection

Property Sales: “Conditional Acceptance” of an Offer is Not Acceptance, It’s Rejection “The conditional acceptance of an offer amounts to rejection of same and not the conclusion of a contract, but may be a counter–offer.” (Extract from judgment below) A good offer comes in for your property, so you accept it. But you’re not happy...
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“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?
February 7, 2024ByIn

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That?

“Pay Extra for My Generator or I’ll Cut You Off During Loadshedding”. Can a Landlord Do That? Loadshedding continues to plague us and our businesses, and when tenants are connected during power cuts to their landlord’s alternative power source – such as a generator – it is essential for both parties to understand their respective...
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Our criminal courts report a new surge in a particular type of workplace monetary crime
February 7, 2024ByIn

You Can (and Should) Both Discipline and Prosecute Thieving Employees

You Can (and Should) Both Discipline and Prosecute Thieving Employees “It’s the profile of the most trusted individual, in a position of trust, like an accountant or bookkeeper. They usually never take leave, and someone who never allows anyone access to their system would go to the length of taking their laptops with them while...
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A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”?
February 7, 2024ByIn

A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”?

A Valentine’s Day Thought for Life Partners: What is a “Universal Partnership”? “Marriage is the chief cause of divorce” (Groucho Marx) This Valentine’s Day, think about the legal aspects of your romantic relationship. They’re a lot less exciting than the traditional declarations of love backed up by chocolates and flowers, but they’re just as important...
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Why Buyers Should Ask for Building Plans
February 7, 2024ByIn

Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them)

Why Buyers Should Ask for Building Plans (and Why Sellers Should Supply Them) “No person shall without the prior approval in writing of the local authority in question, erect any building in respect of which plans and specifications are to be drawn and submitted in terms of this Act.” (National Building Regulations and Building Standards...
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Moonlighting Without Consent is Misconduct
January 16, 2024ByIn

Moonlighting Without Consent is Misconduct – A Firing Offence

“…moonlighting as a matter of principle is unacceptable…” (extract from judgment) Up to a quarter of all middle-class South Africans are reported to “moonlight”, that is to run a part-time side hustle or side business in addition to their full-time jobs. Some, it seems, go one step further and manage to hold down two full-time...
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Company Directors
January 16, 2024ByIn

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

“He who is quick to borrow is slow to pay” (Old proverb) A recent High Court decision means that, for the first time, creditors of debtor companies are specifically cleared to apply for the company’s directors to be declared “delinquent” in certain circumstances. And that has significant implications for both directors and creditors. For directors...
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Estate Planning: Remember your Pets!
January 16, 2024ByIn

Estate Planning: Remember your Pets!

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.” (Mahatma Gandhi) For many of us our pets are a central part of our lives, our much loved “fur babies”, our companions, exercise partners, even therapists through the hard times. But what will happen to them...
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Can You Use Land Use Laws to Close Down a Neighbour’s Business?
January 16, 2024ByIn

Can You Use Land Use Laws to Close Down a Neighbour’s Business?

“A bad neighbour is as great a calamity as a good one is a great advantage”. (Hesiod, poet of Ancient Greece) Your neighbour’s business is driving you to distraction. Perhaps it’s loud all-night music, or an invasion of your hard-earned privacy, or illegal parking in your driveway, but regardless of what the nuisance factor is,...
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