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Life after divorce – have you updated your Will and policies?
Divorce is traumatic and life-changing. In its aftermath, an important consideration is your plans for the future relating to your Will and Estate, along with any policies you may have in place. Amending your Will post-divorce According to Section 2B of the Wills Act,...
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Joint decision making by parents in respect of a minor
In the last few decades we have seen rising divorce rates and an increase in children growing up in two separate households, leaving parents bewildered and uncertain. Care and contact under the Children’s Act In terms of the amended Children’s Act 38 of 2005 (the Act)...
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Latent defects: when is the Consumer Protection Act applicable?
When purchasing a product, consumers have fundamental rights that are protected by the Consumer Protection Act 68 of 2008. What is a defect? A ‘defect’ is a material imperfection in a product that causes the product to be less acceptable, or not useful at all, for the...
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Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there is no set definition for reinstatement therefore it is important to consider court decisions...
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Specific forms of misconduct in the workplace and the necessity for a disciplinary code
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice. Employers should have a Disciplinary Code Schedule 8...
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Disciplinary Enquiries: procedure, rights and obligations of employer and employees
Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means. However, this step can only be taken when an allegation of misconduct has been proven by means of evidence. Employee...
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Emoluments attachment orders
An Emoluments Attachment Order (EAO) is a debt collection process in which a court order stipulates the terms whereby the judgment creditor can attach or deduct part of the salary of the judgment debtor. In terms of the order, the employer of the debtor is obliged to...
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Rehabilitation after sequestration
Our Insolvency Law attorneys are often asked about how and when one can be rehabilitated after being sequestrated. We deal with this briefly, and then answer some of the more frequently asked questions below. For more information about the sequestration process...
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The pitfalls of standard contracts: check your T’s & C’s
A contract can relate to anything from a lease to a simple retail account agreement. Many people view a contract as a document with unfamiliar legal jargon. Although a contract might be hard to read and understand, signing without fully understanding what you are...
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Your social media platforms – what happens when you die?
Apart from the usual assets that you leave behind after your death, there exists a whole other range of assets of a digital nature that you may not have considered or made provision for after your death. If left unchecked, it could result in devastating consequences....
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