Entries by admin

HOW FAR DOES THE EMPLOYER’S LIABILITY TOWARDS ITS EMPLOYEES EXTEND IN RELATION TO HARASSMENT

Is it possible for an employer to be liable under the Employment Equity Act for utterances made by one of its customers towards its employees? In this regard, the Employment Equity Act regulates situations of an employment relationship.  The liability therefore cannot be extended to customers acts of discrimination and/or harassment.  Neither the CCMA nor […]

DEVELOPERS ARE REQUIRED TO REGISTER HOMES BUILT FOR LEASE AND RENTAL PURPOSES

Developers and builders are generally aware of their obligations to both register and enrol an intended building project with the National Home Builders Registration Council (hereinafter referred as the “Council” created in terms of the Housing and Consumers Protection Measures Act 95 of 1998 (hereinafter referred to as the “Act”). The obligation to register and […]

BEQUESTS TO BENEFICIARIES MARRIED IN COMMUNITY OF PROPERTY

When you make a bequest in your will to a beneficiary who is married in community of property, the inheritance will fall into the joint estate of that beneficiary and his or her spouse. It is customary to provide in a will for the exclusion of inheritances from a marriage in community of property. However, […]

ARE YOUR DIRECTORS AWARE OF THEIR FIDUCIARY DUTIES TOWARDS THE COMPANY?

A director’s fiduciary duties are regulated by the Companies Act 71 of 2008 as well as common law. Are your directors however aware of exactly what their fiduciary duties are, when they commence and terminate and the extent thereof? For director training or further information on director’s duties or any agreements associated therewith, please contact […]

HOW TO START A BUSINESS – 8 TIPS

Starting a business can be an overwhelming and daunting exercise. There are various aspects to consider which will ultimately be determined by the type of business you intend operating. But where exactly do you start? Here are 8 useful tips to get you started in the right direction: Choose a legal structure: Some of the […]

THE USE OF CLINIC NOTES WHEN DETERMINING SICK LEAVE

In order for sick leave to be granted on the back of a medical certificate, the medical certificate is to accord to Section 15(1) of the Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa.  In this regard, for there to be a valid certificate […]

ESTATE AGENTS : SECURING YOUR TRADE SECRETS (AND YOUR COMMISSION)

As an estate agent you will know that without a valid Fidelity Fund Certificate (FFC) you are not entitled to any commission for the successful sales or leases you put together. All your hard work in fulfilling your mandate will come to naught. Your client need pay you nothing. As a recent High Court case […]