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3 FREQUENTLY ASKED QUESTIONS REGARDING RESIGNATION

Although a well drafted contract of employment sets out when a contract of employment may be terminated, most contracts do not cater for the manner in which an employee is to resign. The following questions arise: Is a verbal resignation sufficient? The Basic Conditions of Employment Act sets out that a resignation is to be […]

NEW PRESCRIBED RATE OF INTEREST

The prescribed rate of interest has dropped from 10.25% to 10% per annum, effective from 1 September 2019.  In accordance with the provisions of the Prescribed Rate of Interest Act, the interest on debts is calculated at the repo rate plus 3.5%, unless a different rate is prescribed by law, trade custom or agreement between […]

IS YOUR COMPANY POPIA COMPLIANT?

With the implementation of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) looming, it is crucial to determine whether your Company is POPIA complaint. The crux of POPIA   There are broadly four aspects of POPIA that need to be considered in order to determine whether your Company is required to be POPIA […]

CAN YOUR BANK TAKE YOUR MONEY WITHOUT PERMISSION?

“A bank is a place that will lend you money if you can prove that you don’t need it” (Bob Hope) A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your […]

DO IT YOURSELF ROAD ACCIDENT FUND CLAIMS!

What you need to keep in mind! The Road Accident Fund (RAF) compensates for losses suffered due to bodily injuries or death as a result of a road accident. Anybody who suffered any injury or financial loss as a result of a road accident and caused by the negligence of someone else may have a […]

HOW TO DEAL WITH A DECEASED ESTATE

A deceased estate consists of all the assets and liabilities left behind at the death of a person. Administering a deceased estate involves finalising tax affairs and transferring and distributing assets to heirs after all debts have been settled. This process is regulated by the Administration of Estates Act and other laws and is overseen […]

DOES YOUR TITLE DEED CONTAIN RESTRICTIVE CONDITIONS PREVENTING YOU FROM EXTENDING THE BUILDING ON YOUR PROPERTY OR USING IT FOR BUSINESS PURPOSES?

  Restrictive conditions in a title deed take precedence over building plan approvals and land use right approvals. In other words, if your title deed contains restrictive conditions in conflict with the proposed use of a building in terms of a building plan the approval of such plan can be deferred until the restrictive condition […]

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 […]