By

Althea135
EXCEPTIONS: Labour Court takes strong exception to an Exception The purpose of an Exception is to object to a defect in the opposing party’s pleadings. Typical exceptions are that the statement of claim is “vague and embarrassing” or that it “does not disclose a cause of action”.  The main case can’t proceed until the Exception...
Read More
Redvers Lee has been appointed by the Board of Directors of Venns as their new Chairperson with effect from 1 May 2018. Redvers joined the firm 35 years ago as a candidate attorney and has been an integral part of Venns ever since. Redvers’ speciality is conveyancing and such is his expertise, that he is...
Read More
DOUBLE DIPPING: Can an employee claim compensation for unfair dismissal and unfair discrimination in the same case? The Labour Court[1] recently confirmed that the two types of claims can indeed be made in the same case. The case concerned an employee who was dismissed by ABSA for gross misconduct. An internal enquiry had found her...
Read More
SHOP STEWARD MISCONDUCT – Where do you draw the line between a shop steward’s duties as a union representative and duties as an employee? There’s a built-in conflict between the two roles so it’s often difficult to clearly define exactly where the line lies. As an employee, the shop steward has a duty to submit...
Read More
“When you stop learning you stop growing” – Kenneth Blanchard They say you can’t teach an old dog new tricks. As a mature candidate, that has not been part of my experience and in fact, I prefer the corollary… when you stop learning you stop growing. I came to Venns with significant apprehension at the...
Read More
“Without a solid foundation, you’ll have trouble creating anything of value”, Anike Oppenheimer We often dream of one day becoming one of the best attorneys in the profession and even one of the best judges in the country.  In order to be the best, you have to learn from the best and have a solid...
Read More
REINSTATE OR COMPENSATE? Will it be impractical to order reinstatement because an unfairly dismissed employee behaved badly in the arbitration? The primary remedy for an unfair dismissal is reinstatement. But sometimes it’s not reasonably practicable for the employer to reinstate or to re-employ the employee. The most common reason is that events before and after...
Read More
Vat increases to 15% from 1 April 2018- the first increase since 1993. Estate duty increases to 25 % for estates over R 30 million. Higher fuel levy: Increases by 52 cents per litre, allocated 30 cents for Road Accident Fund and 22 cents for general fuel levy. GOOD NEWS: offshore allocation for institutional investors...
Read More
NO! TO NO-HOPE CASES: Labour Court on a mission to stop hopeless cases from clogging up the system.      The CCMA is swamped with an ever increasing case load. A staggering 188 500 new cases were referred to the CCMA for the year to April 2017. The numbers mean the CCMA has to organise, schedule and...
Read More
Trusts & Loan Accounts: The Deadline Looms In broad terms, section 7C (which applies from 1 March 2017) deems interest on certain loans made to a trust to be a donation in the hands of the lender, which is then subject to donations tax. Step 1   Identify any affected loans If you have transferred assets...
Read More
1 2