The following scenario is commonplace: An interested candidate applies for a job; The interview concludes successfully; The employer offers the prospective candidate an offer of employment; What is less commonplace, is the situation where the employer, despite the offer being to the satisfaction of both the employer and prospective employee, […]
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It is common cause that many South Africans do not have secure tenure of their homes and the land which they use and are therefore vulnerable to unfair eviction. Our law, in particular the Extension of Security of Tenure Act 62 of 1997, regulates the eviction of vulnerable occupiers in […]
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It is sadly a common cause that business owners and the community residents across South Africa receive incorrect billing and as a result, disconnections from municipalities. Our law however, compels the municipality to provide for, and be responsible for essential service delivery, which includes the effective management of correct billing […]
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Being dispossessed of property (and/or incorporeal rights) without due legal processes followed may constitute unlawful conduct – and our law has a remedy to restore such possession. The spoliation remedy (mandament van spolie) is a remedy that pertains to the restoration of possession, where same was wrongfully deprived from a […]
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Our law is riddled with cases wherein various creditors, and employers, have attempted to claim from one’s pension fund. Save for the exceptions, which we will deal with herein below, pension funds carry somewhat one sided protections – which favour the member of such fund. The protections afforded are close […]
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Restraint of trade clauses are often included in employment contracts as a standardized inclusion – this is a process which we hope will halt, as standardised clauses in this regard are most often unenforceable. Restraint of trade clauses must be specific, reasonable and worded in an unambiguous manner. Our Court’s […]
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Shareholders agreements are crucial in that they are used to safeguard the interests of the shareholders of a particular entity. Apart from setting out the obligations and rights of the shareholders, the shareholders agreements also detailprocedures and/or guidelines pertaining to the management of the entity – in this regard, shareholders […]
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Quite often, members of the public are unaware of the numerous default judgements granted by our Court’s on a daily basis, and are accordingly unaware of judgements against their names. One often notices a judgement when a credit check is performed, in seeking to obtain finance from a registered credit […]
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Employers often take cognisance of an employee’s resignation, but take no further steps in regard thereto – it most often being deemed unnecessary. Employers must, as a matter of fact, accept an employee’s resignation in writing. The aforesaid should be completed in both instances where an employee resigns orally or […]
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We have noted that retrenchments, as a result of the dire financial consequences of the lockdown and COVID pandemic, are on the rise. As a result, we deem it imperative to provide an explanation of the process. We strongly suggest that legal representation be sought and obtained when commencing with […]
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