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In a Nutshell
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...
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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...
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Whilst the new Sectional Title Schemes Management Act 8 of 2011 (STSMA) makes provision for a reserve fund to be established by the body corporate of a sectional scheme, the need may still arise for a special contribution to be levied. In terms of Section 21 of the Management Rules of the STSMA, a special...
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SINS OF THE PAST: What if an employee fails to disclose a criminal record in a job interview?  Trust Trust is the glue which holds relationships together. Like infidelity in a marriage, the breach of trust can cause an irretrievable breakdown in the working relationship. The relationship may recover if the dishonesty was “not so...
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Venns is proud to participate, once again, in National Wills Week. From the 11th to 15th September, we will provide free, basic wills to people making a will for the first time. In addition to this, our focus is on your existing will – keeping it up to date and accurate. Rule of thumb: if there’s been...
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Buying and moving into your new home is one of the most important milestones in your life. It should be a happy occasion and not related to stress or debt. Late last year the Pretoria High Court dealt with a case concerning who is liable for municipal debts on a property. On the 29th August the...
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NAB THE BAD GUYS: How can labour law help to get rid of corruption in the workplace? The scourge of corruption Corruption has reached epidemic proportions in both the private and public sectors. It operates silently like a virus in the systems of businesses and state institutions. It’s faceless, deceitful and cunning. And it’s driven...
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ONE & ONLY EMPLOYER: Appeal Court rules deemed employees have only one employer after 3 months – not two dual employers. But it’s not final yet …  The sole vs. dual employer debate moved closer to finality with in a July 2017 judgement of the Labour Appeal Court (LAC). Employees in the three-way relationship between...
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The South African Hunters and Game Conservation Association (“SA Hunters”) brought an application in the Pretoria High Court against the Minister of Safety and Security to declare sections 24 and 28 of the Firearms Control Act (“the Act”) as unconstitutional. In terms of the Act, firearm licenses have a limited lifespan and are required to...
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The launch of a new sectional scheme is always an exciting time for both a developer and new property owner. Registration of the opening of the scheme in the Deeds Office is the culmination of many months of planning and hard work, and transfer of sections to new owner’s often takes place simultaneously. It is...
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