The employer’s dismissal of an employee for “gross insubordination” and “incitement”, was overturned with a Labour Court order to retrospectively re-instate her. We discuss the reasons for that outcome and share some valuable lessons for all employers flowing from the judgment.
Law
We discuss, with reference to a recent Supreme Court of Appeal decision, why taking judgment against a debtor doesn’t automatically clear you to sell it in execution. Even if the house is owned by a trust or a company.
We share some thoughts on the general principle “costs follow the result” and its limitations, then discuss the three categories of legal costs and what they will mean to you in practice.
A tragic High Court case, in which a cruel twist of fate took a mother before her instruction to a bank to draw a proper will for her could be implemented, illustrates the danger of thinking “it can wait”. It can’t…
It may seem like overkill, and illogical to boot, to insist on a family loan being recorded in a formal contract. But in fact it’s the only logical course of action to take, as we shall find out in the context of a court fight between a daughter and her parents over a R540k “loan”.
As a company director you are not normally at risk of being sued for the company’s separate debts in your personal capacity, but there are exceptions. Both creditors and directors should always bear them in mind.
There is a pervasive myth that in South Africa you can’t be held to a verbal agreement. In fact the opposite is true, and with only a few exceptions contracts do not have to be written down and signed to be fully valid and enforceable.
What happens when a body corporate, in trying to trace a leak while carrying out its duty to properly manage the sectional title scheme, is refused access by a “recalcitrant” owner?
Divorce can be a costly and traumatic process, and if you and your ex-spouse are still co-trustees of your family trusts afterwards, you may well find the situation untenable.
Whether you are about to tie the knot or about to divorce, you should know about an important new ruling from the High Court, declaring a section of the Divorce Act to be constitutionally invalid.