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Employee Looting and Strike Violence: When Is Dismissal Fair?
Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike”...
Violence and Looting – Can You Sue SAPS?
“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if...
Noisy Neighbours – Your Rights, and Buyers Beware!
“In common law, everyone is in general permitted to use their property for any purpose they choose, provided that the use of the property should not intrude unreasonably on the use and enjoyment by the neighbours of their properties” (extract from the “gym case”...
Directors, Creditors – Do Personal Suretyships Survive Business Rescue?
“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
Your Websites of the Month: Measure and Maximise Your Business Creativity
“Creativity is the key to success” (Abdul Kalam) It’s hard to think of a successful entrepreneur who isn’t at heart creative. Creativity comes with the territory, and anything you can do to increase it has got to be good for your bottom line. The good news is that you...
Buying Property from a Company – Should You Buy the Shares or the House?
"There is never a wrong time to buy the right home" (Anon) You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the...
Spousal Maintenance After Divorce and the “Clean Break” Principle
“The clean break principle after divorce has found resonance with our courts for many years. The aim of this principle is to ensure that the parties become financially independent of each other as soon as possible after divorce.” (Extract from judgment below) Our...
R4m Damages for a Workplace Sexual Assault
“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual...
Bodies Corporate: Before You Sequestrate to Recover Arrears…
“Bankruptcy - a fate worse than debt” (Anon) One of a Body Corporate’s fundamental duties is to collect monthly levies from the scheme’s members, and to take robust action to recover any arrears. As with any other creditor/debtor relationship however, trying to...
Your Website of the Month: How to Plan and Hold Virtual Board Meetings
Virtual meetings are here to stay. Make the most of them with “Optimising the virtual boardroom: A guide to planning and executing virtual board meetings” from Nasdaq Governance Solutions on Moneyweb. Learn how to – “Build a virtual board table” (“creating a virtual...