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Thursday | 23 May | 2019 Oral Resignation

Can an employer, through his actions, accept an employee’s withdrawal from his resignation without confirming the acceptance in writing?   In terms of South Africa’s Labour Law, it is very clear that when an employee communicates his or her resignation to an employer, the resignation will be effective, and need not necessarily be accepted by  … Read more

Tuesday | 21 May | 2019 Can parents claim maintenance from their children?

By Sanette Viljoen As one gets older, the role of caretaker is reversed. A stage is reached where the children have to take care of their parents. The question then arises: can parents claim maintenance from their children? The case of Osman v Road Accident Fund 2015 (6) SA 74 (GP) answers this question. In this  … Read more

Tuesday | 21 May | 2019 Does a farmer buying a farm have to take over the workers?

By Sanette Viljoen Example: John buys a farm as a going concern from Peter. The property, fields, tractors, etc. are all part of the transaction. Does John have to take over Peter’s workers as well? Section 197 of the Labour Relations Act (Act 66 of 1995) regulates work in terms of service contracts in this  … Read more

Tuesday | 21 May | 2019 Process to found a new company

By Sanette Viljoen For many people the word “company” is somewhat strange and unfamiliar. It is often alleged that is it better to do business in the name of a company instead of in your own name. The uncertainty lies mostly in the process and the cost for the procurement of a company. The good  … Read more

Tuesday | 21 May | 2019 Parent wants to move overseas with children after divorce

By Sanette Viljoen What happens if a divorced parent or a parent of an illegitimate child wishes to move overseas with all the children. The children’s other parent stays behind and will in most cases not consent to the children moving with the other parent. Of course, there are many aspects that influence the refusal  … Read more

Monday | 20 May | 2019 Can foster parent claim maintenance from biological parent?

By Sanette Viljoen Foster care is the temporary placement of a child who needs care and/or protection. The child is placed in the care of a competent person who is not the child’s parent or guardian too. To qualify as a foster-care child, the child must: – be younger than 18 years; – be abandoned  … Read more

Monday | 20 May | 2019 Insubordination

Insubordination is a form of misconduct that occurs when an employee disregards an employer’s authority. This generally occurs when an employee refuses or fails to obey a lawful and/or reasonable instruction. As insubordination is considered to be serious misconduct it can lead to disciplinary action, or even dismissal. The Labour Appeal Court recently dealt with  … Read more

Friday | 17 May | 2019 Sick Leave

I was not at work on a Monday due to illness and my employer is now requesting a medical certificate from me. Can they do that? Section 23 of the Basic Conditions of Employment Act (No 75 of 1997) deals with proof of incapacity on account of illness or injury. In terms of this section,  … Read more

Thursday | 16 May | 2019 Ownership of game that escapes from a camp

By Sanette Viljoen Section 2(1) of the Game Theft Act (Act 105 of 1991) provides that a person who keeps game on land sufficiently enclosed as contemplated in subsection 2 of the Act does not lose ownership of that game should the game escape from the enclosed land or area. In terms of section 2(2)(a)  … Read more

Thursday | 16 May | 2019 Your rights as a patient

By Emsie Martin Not everyone has a medical fund, and sometimes it is necessary to be reminded of your rights as a patient. The Patients’ Rights Charter of South Africa is a document compiled by the National Department of Health and explains your rights and responsibilities when you have to go to a place where  … Read more

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