News & Articles
What is the chance of being reinstated following a dismissal?
“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?”
How conditional is a performance guarantee?
“Our company recently had to provide a performance guarantee to guarantee work we have to do on a large civil project we have been contracted for. There have been a number of labour and environmental issues which have affected our ability to deliver with the contracted timeframes on the work, and the client is threatening to enforce our performance bond. Surely, this enforcement of the bond must be subject to reasonableness?”
Share buyback? Possible, but take care!
“I’m a shareholder in a private company and wish to get rid of my shares to free up some cashflow. That said, I don’t want to sell to a stranger and my other shareholders don’t want to buy my shares either. One of them suggested that the company buy back my shares. Is this allowed?”
Unpacking the proposed new Employment Equity Bill
“My company is relatively small with only 12 employees. That said, I’ve had to comply with employment equity requirements as we qualify as a designated employer because of our company turnover. I’ve heard there are proposed changes afoot for the employment equity environment and was wondering what this may mean for my business.”
May I refuse access to my property for electrical meter readings?
“I am currently an owner of a residential property and I sometimes get visits from employees of our local electricity provider requesting access to the property to take a reading of the electricity meter. This is often an inconvenience to me. May I refuse them access to my property?”
Can an unmarried father register a child under his surname?
“I’m the father of a newborn daughter. The mother, to whom I’m not married, disappeared immediately after birth leaving me as sole parent of my daughter. Because I don’t know where the mother is I cannot get the mother’s consent. Without this consent Home Affairs does not want to register my daughter under my surname. I have no idea what to do now. Can you help?”
Email scammed? Who is responsible?
“I recently fell for an email scam where I provided my banking details. The scammer proceeded to use my account to pay out a sum of money from the bank. The bank now wants to hold me liable for this money as they say it is my account and my negligence led to the scammers using my account. However, I don’t have a credit facility with the bank and yet the bank paid out a large amount in credit on my behalf. Surely the bank should not have done that?”
Can you be dismissed for not wearing a face mask at work?
“I’m an HR manager and also responsible for health & safety at my workplace. Lately I’ve noticed an increasing number of employees failing to keep their Covid masks on at work, despite regular warnings. My employer is very worried about this and has asked if we are allowed to dismiss employees that blatantly fail to adhere to our Covid-19 protocol of wearing a face mask. Not wearing a face mask is in my view very serious, but dismissing someone is also a serious step. Can someone be dismissed for not wearing their face mask?”
Is a copy of a will valid?
“Both my parents recently passed away in a car accident. My father shortly before his death mentioned to me that they recently had a new joint will drawn up. I’ve searched everywhere for the will and can only locate a copy of the signed will. Even their attorney does not have the original will. Can this copy be accepted as the valid will of my parents?”
Can you claim ETI for students?
“In a recent conversation with our accountant, I was informed that SARS will no longer permit claims of Employment Tax Incentive (ETI) tax benefits for students. We have been considering placing some of our workers on learnerships and possibly also claiming ETI for them, but we are concerned as to whether this would still be possible. Do you have any clarification as to what the position now is?”
Why Enterprise and Supplier Development cannot be only a tick-box exercise
While the BEE scorecard is well-intentioned, it should not be treated as a simple checklist, but rather seen as an instrument to facilitate real transformation. When it comes to building and supporting small black-owned businesses in South Africa, a much longer-term view needs to be taken.
Many BEE initiatives are nothing but short-term interventions that are carried out only to tick the boxes of the BEE scorecard. These short-term initiatives often do the bare minimum and, in the bigger scheme of things, don’t do much to help small black owned businesses.
Management accounts still OK for BEE verifications?
“My manufacturing business has been growing steadily and I expect it will go above the R50 million turnover mark this financial year. That said, its not a given, and I’m hesitant to spend on BEE planning before I’m sure we will go over this mark. Will I be able to first wrap up the financial year and thereafter do the necessary BEE expenditure and verify the business using management accounts for the first quarter after the financial year-end?”
Can I run a business from a residential property?
“I’m looking at buying an old house and renovating such to use as offices for my general medical practice. In the area that I’m looking at there are a number of small businesses also operating from houses. However, I want to make sure I’m allowed to run my practice from this property. How can I do that?”
POPIA and remote working employees
“I’m the owner of a small financial services firm. With Covid-19, like many businesses, we enabled staff to work from home. The arrangement is working well and we are contemplating retaining the option of remote work for some of our staff. Is there anything specific we need to do from a POPIA perspective in respect of such remote working staff?”
CCTV cameras in the workplace? Allowed or not?
“We have had a spate of thefts in our business over the last few months. Yet none of our employees ever see anything or know anything, which have us thinking that the thefts may be wider than just one or two employees. We are considering installing CCTV cameras to monitor the situation and also prevent further thefts, but are unsure about the rules for monitoring employees with CCTV cameras and also using such footage should we pick up misconduct. Can you maybe advise on how we should go about this?”
Can you sequestrate an ex-spouse for failing to pay maintenance?
“My ex-husband is required to pay maintenance every month in terms of our divorce settlement. He has stopped paying, saying he can’t afford it anymore and is now considerably in arrears. I know he has a lot of financial assets that can cover what he owes me, but he just says he can’t liquidate those now as he will lose money. Can I have him sequestrated so he can pay up?”
How long is a proxy valid for?
“I was recently appointed as a proxy to represent a shareholder at an upcoming shareholders meeting. Unfortunately, the meeting has been rescheduled two months later, and I was wondering if the proxy will still be valid then or would I need to have a new proxy issued by the shareholder for the meeting?”
The when, what and how of estate agent commission
“We’ve put our house in the market and have an estate agent that is helping us sell our property. However, we have also told our friends that we are selling should anyone know of an interested buyer. But what happens if we get a buyer independent from our estate agent? Must we still pay agent’s commission? Could you give guidance here?”
What are the legal costs involved in buying a property?
“My wife and I are considering buying a house. This is a big decision for us and we want to make sure we are financially prepared for all the costs and expenses involved in doing so. I understand that in addition to the purchase price there may also be additional attorney costs I would need to factor in. Can you explain how this will work and how I can budget for such costs?”
Can Covid-19 vaccinations be made compulsory by employers?
“I work in a large retail store, and rumours are that my employer is going to require all employees to be vaccinated for Covid-19. I don’t have a problem with anyone getting the vaccine, but I haven’t made up my mind yet as to whether I want to get vaccinated. What are my rights in this regard, and can my employer force me to get vaccinated?”
What’s Up with POPIA and WhatsApp groups?
“I’m an administrator for a number of social WhatsApp groups that share information about neighbourhood safety and security, school lift clubs for our children, sporting activities, etc. I also belong to a number of other WhatsApp groups and have noticed that some of the group administrators have sent lengthy POPIA consent notices. Is this really necessary under POPIA and will I also have to do this for the WhatsApp groups that I administer?”
The importance of women in Broad-Based Black Economic Empowerment
“There is often media reports about BEE and its importance, but one gets the impression the focus is often on black males with black women taking a backseat. Is there any value for companies to consider black women empowerment?”
Delays in completing construction projects: Passenger Rail Agency of South Africa v Sbahle Fire Services CC (230/2019) [2020] ZASCA
This analysis discusses the Supreme Court of Appeal (SCA) judgment in the matter of Passenger Rail Agency of South Africa v Sbahle Fire Services CC (230/2019) [2020] ZASCA delivered in August 2020. The judgment relates to delays in completing construction projects. It also reflects on the role that arbitration could have played in speedily resolving this dispute.
Further levelling of the playing field with the new Recognition of Customary Marriages Amendment Act
“My mother is a black woman who has been married since the early 1970’s to my father in accordance with customary law. They have never concluded a civil marriage, and my mother has also been our home provider while my father worked. Their marriage has become strained over the last couple of years, and I’m worried about my mother, should my father decide to divorce her. What are her marital rights?”
DTI sheds light on collective enterprises
“I’ve taken over the management of a non-profit trust that is focused on the development of previously disadvantaged scholars based in rural communities. Increasingly, companies that want to fund and work with us are asking us for a BEE certificate. However, our auditors have told us that it’s not so easy for a trust like ours to be rated as we don’t have named beneficiaries. Is this correct and what are our options?”
The impact of the new Cybercrimes Act on businesses
“My business operates in the electronic communications sector and I’m a little concerned as to what the new Cybercrimes Act will mean for us and how it can affect my business. Can you shed any light on this?”
Are sacrificial rituals allowed in sectional titles?
“A neighbour in my sectional title unit is very traditional, and has been hinting that he wants to hold a sacrificial slaughter at his home as an offering to his ancestral spirits. Although I have no objection to this, I am concerned as to whether this is allowed in a sectional title scheme as I think that there may be objections from other owners in the complex if he continues. Can he do this on his property in the complex?”
Your right of pre-emption when a group of properties is being sold
“I rent a portion of a farm which forms part of a larger group of properties. In my lease agreement I have a standard right of pre-emption. It has come to my attention that the owner wishes to sell the entire portfolio of properties as a single transaction, including the portion I am leasing. I don’t want to lose the property, but I’m not sure if my right of pre-emption still applies if the group of properties is being sold?”
Can you force a party to mediate a dispute?
“I have a growing dispute developing with a service provider and it looks like it may head to court. However, with delays and costs of litigation, I was wondering whether the option of mediation is not a better alternative. But can I force the other party to use mediation rather than going to court?”
Liability of an insurer after cancellation of a life policy
“My mother cancelled her life insurance due to financial reasons less than a week before she passed away unexpectedly. Despite her having paid her premiums for many years, the insurer is repudiating the claim saying that she cancelled her policy and was accordingly not covered anymore. Is this really the legal position?”