As most employers should know by now, dismissing an employee entails a two-pronged approach:

  • Substantive fairness: the reason for the dismissal needs to be fair and justified; and
  • Procedural fairness: the employer must hold a disciplinary hearing before dismissing an employee.

But what if the employee acts in such an appalling, inexcusable, unforgivable and utterly despicable manner that even an instantaneous dismissal seems too light a sentence? Is an immediate and unequivocal “You’re fired!” – without the benefit of a hearing – ever justified? Read More.....

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The rights of women undoubtedly took centre stage in 2017, culminating in the #MeToo campaign being crowned Time Magazine’s person of the year. Women are finally finding their voices and announcing to the world that enough is enough. But it isn’t just movie moguls, celebrities and other perpetrators in general who risk coming under fire for mistreating women. Employers should also take heed: complacency can be costly. Read More.....

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Do you have any suggestions for how I can reduce the risk of our customers being scammed into paying money into fraudulent accounts? We’re a manufacturing business with most of our customers paying us on account. Recently our company seems to have become a target. It has come to my attention that a number of our customers have received letters asking them to update the bank account details that they have for us. My concern is firstly that I don’t want any of our customers to fall for this, and secondly I’m concerned that if a customer does fall for it, they might not have the cash available to pay us, or even try to argue that we should take the loss. Read More.....

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With every right comes a responsibility. And nowhere is this more apparent than with the right to freedom of expression. The ability to voice our opinions and express our individual views is indeed liberating. And certainly for a country like South Africa it is refreshing after being imprisoned for so many decades in the iron fist of apartheid’s censorship and indoctrination. But there are unfortunately still many people who simply don’t give a thought to the responsibility associated with freedom of speech. The responsibility to respect other people’s right not to be discriminated against. If nothing else, South Africa’s tumultuous past should have taught us how destructive hate speech is. Read More.....

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People who hold minority shares in a company often express concern about their rights being bulldozed by majority shareholders. But being the minority doesn’t necessarily mean you’re left without recourse where you find that you’re being unfairly treated. The rights of minority shareholders came under the spotlight in a recent court case.

In 1987 two enterprising individuals decided to start a business together and registered a company in which they were both named as the shareholders and directors. In due course new shareholders bought into the company, bringing the total number of shareholders to five. Over a period of time, three of the shareholders, who collectively held the majority shares in the company, started operating the business in a manner that undermined and prejudiced the two minority shareholders. Amongst other things, the majority shareholders: Read More.....

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I signed a 12-month lease on the 1st January last year. On 10th December my landlord asked me what time I’d be out of the apartment on the 31st as he has new tenants wanting to move in. I had completely lost track of time and forgotten that the 12 months was up this month! I haven’t made any plans to move out, I haven’t rented another property, and I wasn’t planning on moving out for at least another few months. Do I have to move out? Read More.....

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