If you plan on suspending employees, make sure you do so lawfully. This includes having good cause, and following a proper procedure. Because there’s no guarantee that a suspended employee will skulk off quietly, tail between their legs, to mope around at home while you complete your investigations and dig up the dirt on them. Your suspended employee would in all likelihood be using their time a little more productively. Like scuttling off to the Labour Court and returning with some well-trained legal artillery. Read More.....

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“A small debt produces a debtor; a large one, an enemy.” (Publilius Syrus) And in both instances, debts can also produce interest. But at what rate? This is the dilemma that many creditors encounter when faced with a recalcitrant debtor. When thinking of debt and interest rates, most people tend to think of their mortgage bonds, vehicle finance agreements and overdraft. And in these scenarios, debtors are generally left in no doubt that the banks will be charging interest and what that interest rate will be. The banks make sure of that! But what about other debtor-creditor scenarios that are so often over-looked? For example, suppliers who offer their customers thirty-day terms in which to pay. Or service providers who perform their services and then await payment from their customers. If or when the customer fails to pay, can the creditor charge interest on the outstanding amount? And if so, at what rate? The answer to the first question is “yes”. The answer to the second question is “it depends”. Read More.....

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In days gone by, the company’s bank account was handled very differently. Back then, when a company was formed the bank manager would personally meet with the owners to open the bank account. The company’s banking transactions would all be done through that specific branch, where all the banking staff would greet by name the owners, the bookkeeper, the secretaries, the messenger and the company employees in general. Anyone authorised to operate on the account would be issued with a closely-guarded cheque book, and every staff member in the bank would know who the authorised signatories were, whether any restrictions applied, and even recognise the signatures at a glance! A banking transaction was more than a press of a button. It involved a protracted discussion with the bank manager about how the kids were doing and whether the weather would improve, during which time a tray of tea would be delivered. Only once the last drop was drunk would they get down to banking business. Read More.....

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Getting an eviction order is never easy. But in this case, the landlord’s challenge was trying to keep the eviction order that had been granted to him! In a judgement delivered on 08 June 2017 the Constitutional Court set aside the eviction of 184 residents occupying a block of flats in Berea, Johannesburg. In a nutshell, the Constitutional Court has held that: Read More.....

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We often hear people ask “Am I paying my helper enough? What’s the going rate for domestic workers?” South African law (under Sectoral Determination 7) sets out the minimum wages required to be paid to domestic workers. The Department of Labour updates the minimum wages for domestic workers annually. This update came into effect on 01 December 2016. Read More.....

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