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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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How to change your marital regime
Couples sometimes rush into marriage and before they realise it, they are bound by South Africa’s default marital regime which is that of In Community of Property. This means that one joint estate belongs to both spouses in equal undivided shares. Couples can choose...
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Determining compensation for general damages
If you have suffered harm which has resulted in pain and suffering, loss of amenities of life or disability, you could have a claim in general damages. Reaching a fair amount as compensation for general damages is not an easy task. Putting an accurate monetary value...
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Restraint of Trade: what does it mean?
The majority of employment contracts contain a restraint of trade clause. Many people merely consider it a standard clause but it can have serious implications for future employment. The implications can be seen in the recent dispute between Pepkor (formerly Steinhoff...
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Parental child abduction: when a child is taken overseas without consent
Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights of another parent or family member.” [Girdner, L....
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What you need to know about rates clearance certificates
When selling your property, it is necessary for the conveyancer to get a rates clearance certificate (RCC) from the relevant local authority before transfer can take place. This document certifies that there are no outstanding rates due on the property on the seller’s...
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