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Articles

Monday | 12 November | 2018 REGULATION OF WORKING HOURS

Section 7 of the Basic Conditions of Employment Act No. 75 of 1997 (hereafter referred to as “the Act”) states that every employer must regulate employees’ working hours according to any Act which regulates occupational health and safety and with due consideration of the Code of Good Practice on the Regulation of Working Time, Section  … Read more

Monday | 12 November | 2018 Temporary employment agencies

Temporary employment agencies and the question, who is really the employer after a three-month period Section 198A(1) of the Labour Relations Act (hereafter referred to as “the Act”) defines temporary employment as work performed for a client by an employer that does not exceed three months, and where an employer acts as a substitute for  … Read more

Tuesday | 06 November | 2018 Enforcement of medical tests

May employers force their employees to undergo medical tests? According to section 7 of the Employment Equity Act, medical tests on employees are prohibited unless legislation allows or requires it, or if it is justifiable by medical facts, working circumstances, social policy, fair division of employees’ benefits, or the inherent requirements of a job. The  … Read more

Tuesday | 06 November | 2018 Donations between husband and wife just before insolvency

By Sanette Viljoen John donates a number of valuable possessions to his wife just before he is sequestrated. He and his wife are married out of community of property and they are under the impression that the creditors cannot touch his wife’s assets. Is this really the case? In this case the legislator thought it  … Read more

Monday | 05 November | 2018 The use of banned substances in the workplace

Over time, it has become generally accepted that an employee is not allowed to be under the influence of banned stimulants at work. In the course of time the practice has become a regulation that is contained in policies. In the past, the main culprit when it comes to banned substances was being under the  … Read more

Tuesday | 30 October | 2018 Medical negligence at a state hospital

By Sanette Viljoen There are more and more news reports about state bodies not doing their work properly, especially about cases where mothers or babies die in hospital or suffer permanent damage due to the negligence of doctors and nurses. In the following case the court found the state guilty of negligence because it did  … Read more

Tuesday | 30 October | 2018 VICARIOUS LIABILITY

Vicarious liability may in general terms be described as the strict liability of one person for the delict of another. The former is thus indirectly or vicariously liable for the damage caused by the latter. The liability applies where there is a particular relationship between two persons. For the purposes of this article we shall  … Read more

Wednesday | 24 October | 2018 Municipal refuse removal is expensive, may I do it self?

By Tania du Toit Is it feasible to sidestep the refuse removal levy on your monthly municipal account? The short answer is “no”, although there is the welcome prospect of future cost relief within a specific framework. Obligatory national municipal recycling will be implemented in phases in the foreseeable future; Johannesburg launched this initiative in  … Read more

Wednesday | 24 October | 2018 Unexpected extensions to a sectional title scheme

By Sanette Viljoen The facts: John buys a unit in a sectional title scheme. He pays much more for a specific unit, which is situated right next to a small park, with an attractive view. A year later bulldozers arrive and begin to turn over the park. The developer tells John that 20 more units  … Read more

Thursday | 18 October | 2018 Dispute in my municipal account and withholding payment

By Sanette Viljoen Municipal accounts stir up a lot of emotion. Which is understandable, especially if your normal account is R2 000 a month and the municipality sends you an account for R20 000. How does one handle it? It is important to remember that there is a mechanism in the Local Government: Municipal Systems Act (Act  … Read more

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