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Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

With many local authorities struggling to provide municipal services to residents, a key question that arose in a recent case... was whether a Homeowners Association was entitled to take over the function of refuse removal from the local authority and whether the local authority was still entitled to charge for refuse removal.

Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

The Employment Equity Amendment Act 4 of 2022 (“Amendment Act”) was introduced in April 2023 but the commencement date has... yet to be promulgated. To address the sectoral numerical targets provided for in the Amendment Act, new draft regulations were issued for comment on 1 February 2024 (“Draft Regulations”). In this article we take a look at the draft regulations and what they mean for employers.

Article

How liable is an owner for damage caused by animals?

26 March 2024

One has often read about owners being held liable for a dog attack on a person, but what about an... animal on the road which ends up causing an accident? Can the owner be held liable for the resulting damage?

Article

Can a Homeowners Association take over refuse removal from a local authority?

27 March 2024

Article

What to expect from the new draft Employment Equity Act Regulations

27 March 2024

Article

How liable is an owner for damage caused by animals?

26 March 2024

Article

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Filter: Dispute resolution

What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done... rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement of the employee if he is successful?

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Can I institute legal action on behalf of my body corporate?

07 June 2019

I live in a sectional title that used to have beautiful common property areas. The last year or two though,... owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

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Can I be dismissed without a disciplinary hearing?

12 September 2016

I was recently fired as a manager of a retail company. The company held me responsible for stock theft that... happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any warnings or a disciplinary hearing. Surely, I should at least have had a chance to give my side of the story.

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Commercial Mediation: The long-awaited arrival of mainstream mediation

11 June 2015

This article provides a general overview of the process of mediation, specifically in the commercial context. In the international arena,... mediation has become a primary option for parties wishing to resolve their disputes as its potential benefits outweigh lengthy litigation. In South Africa, commercial mediation is a recent development, but is well on its way to becoming an efficient and cost-effective alternative to litigation. The introduction of court-aligned mediation in the Magistrate’s Courts of South Africa adds impetus to the notion that mediation is here to stay.

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