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Tuesday | 22 January | 2019 Tenants’ rights and obligations in a nutshell

By Dr. Eugene Brink Housing is one of the most basic human needs and one that can be fulfilled and paid for in various ways. In tough economic times characterised by high and rising unemployment and banks’ wariness to lend prospective homebuyers money to purchase a house, renting is understandably a popular and safer way  … Read more

Tuesday | 22 January | 2019 What do I do about a lost share certificate?

By Sanette Viljoen It often happens that a person or a family bought shares many years ago but has lost the relevant share certificate in the meantime. He or she now wants to trace those shares or find out what they are worth. When the share certificate is lost and you know with which company  … Read more

Tuesday | 22 January | 2019 Restraints of trade

A restraint of trade is an agreement in terms of which one party agrees to restrict its freedom of trade in favour of the other party for a specified period. Restraints of trade are governed by the South African law of contract. Employers often include a restraint of trade clause in an employee’s contract of  … Read more

Monday | 21 January | 2019 Some perspective on determining bail

By Sanette Viljoen Bail is a topic often discussed around a camp fire. One person was granted R50 000 bail and another who committed an identical crime, was granted R5 000 bail. Following is some perspective regarding the determination of bail. Section 12 of the South African Constitution stipulates specifically that every person has the  … Read more

Monday | 21 January | 2019 What the new National Minimum Wage Act involves

Following years of deliberation, the President of the Republic of South Africa finally signed the National Minimum Wage Act, (Act No. 9 of 2018) on 23 November 2018. The Act was published in the Government Gazette on 27 November 2018. The President of the Republic of South Africa signed the English text, and as a  … Read more

Friday | 18 January | 2019 Trial period

When an employee starts working at a new employer, his or her employment is often subject to a trial period. The purpose if such a trial period follows logically and its aim is for the employee to convince the employer, within a specified period, of his or her ability to perform the services for which  … Read more

Thursday | 17 January | 2019 Discussion of case: Mayeki v African Bank Ltd

Discussion of case: Mayeki v African Bank Ltd [2018] 8 BALR 859 (CCMA) In this case, the employee, Mayeki, was appointed as a sales consultant at African Bank in 2006, and his duties included dealing with loans, credit connections and insurance. At the time of his appointment, the employee was informed that he had to  … Read more

Wednesday | 16 January | 2019 A medical certificate from a traditional healer?

By Sanette Viljoen The court case of Kievits Kroon Country Estate v Mmoledi (875/12) [2013] ZASCA applies here. Johanna Mmoledi had rendered excellent service to the Kievits Kroon Country Estate for eight years. Johanna however started to complain about symptoms that indicated a call from her forefathers to become a sangoma. Initially her employer was  … Read more

Tuesday | 15 January | 2019 Accommodation provided by employers to employees

Section 39 of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred to as the BCEA) provides protection to employees who reside in accommodation provided by employers.   If the employee has accommodation in a place located on the premises of the employer or other accommodation provided by the employer and the contract  … Read more

Thursday | 10 January | 2019 Discrimination based on religion

Section 6 of the Employment Equity Act (No. 55 of 1998) prohibits unfair discrimination against an employee on arbitrary grounds. One of these grounds of religion.   A few examples of when an issue could possibly be considered as unfair discrimination based on religion are as follows:   When a job applicant is turned down  … Read more

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