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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...
11 POPIA Questions to Ask Yourself Before 30 June 2021
Note: This is a complex topic and there is no substitute for tailored professional advice. What is set out below is of necessity no more than a simplified summary of some practical highlights. You and your business are at substantial risk if you aren’t fully compliant...
When Bond Clauses Sink Sales
“Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property is transferred in the Deeds Office. What could possibly go wrong?...
Dismissed: The Butcher Who Went to Work With COVID-19
“The facts of this case are indeed extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, in ensuring that employers, employees, and the general populace are sensitised to the realities of this pandemic, and to...
Employers: Beware the “Casual Worker” Myth!
Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many...
Companies: Are Restraints of Trade Valid in a Time of Covid?
“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and cope with the health and...
Extended: The Rights of Grieving Parents to Choose Burial After Pregnancy Loss
Expectant parents who lose a pregnancy before 26 weeks (the age set by the Births and Deaths Registration Act (BADRA) in its definition of “still-born”) have until now had no right to bury their foetus, which had to be incinerated as “medical waste”. That has changed...