The validity of a secret tape recording
Can I record a telephone discussion, without informing the person I’m speaking to? The relevant Act that applies in this instance is the Regulation of Interception
November 24, 2015
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Enforcement of CCMA default awards New case law
CCMA certification of an award found to be ultra vires. The Labour Court recently considered the effect of the amendments to the LRA and in
November 20, 2015
Restraint of Trade Agreements – When can they be enforced?
Source: Lara Chidrawi, consultant: lara@bmalaw.co.za Restraint of Trade Agreements are valid until shown to be against public policy and therefore unreasonable and unenforceable. The employee
November 11, 2015
Early cancellation of a residential lease
A client asked me: “If a tenant is forced to live in intolerable conditions and is forced to move, is it the tenant’s right to
October 23, 2015
So, I have two bosses?
A worker, placed at a client by a labour broker, has two employers, once he has worked for the client for more than three months.
October 8, 2015
Things you may not know about residential leases
The relationship between a landlord and tenant is governed by the Rental Housing Act, 1999 (Act No. 50 of 1999), which provides that: A lease
August 31, 2015
Take caution before posting: social media and defamation
Facebook, Twitter, LinkedIn and Google+ have become the most effective and immediate way of conveying information. There are, however, some pitfalls that come with being
August 31, 2015
At what age can a child decide for themselves whether they want to maintain contact with the other parent
A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent? Answer: There
August 25, 2015
Is it fair to dismiss an employee based on a zero tolerance policy?
The Labour Appeal Court had to consider this in Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others (JA 49/14) [2015] ZALAC 23. Shoprite
August 18, 2015
When an Emolument Attachment (or Garnishee) Order is invalid
Practical application of emoluments attachment order judgment for employers: University of Stellenbosch Legal Aid Clinic and 15 others v Minister of Justice and Constitutional Development
July 28, 2015
Can I exclude my pension benefits from an ANC with accrual?
A client asked me: Can parties exclude from the operation of the accrual, the one party’s entitlement to share in the pension or provident benefits
June 25, 2015
Party married according to Islamic law entitled to share of spouse’s pension
The Office of the Pension Funds Adjudicator has reiterated it will not discriminate against parties married under the terms of Islamic law. This position was
June 22, 2015