News & Articles
Workplace defamation: Can I claim damages?
You are a supervisor managing a number of staff. The business is upon hard times and this stress spills over into the workplace where staff tempers are short. One day a heated argument between employees arise. When you try and calm them down, the one employee verbally attacks and abuses you, calling you unintelligent and a liar and hurls derogatory slurs at you to embarrass you in front of the other staff. You feel belittled and reluctant to face your staff because you feel your character has been undermined by the employee’s conduct. Can you sue this employee for defamation of your character?
Client satisfaction: our number one priority
Client satisfaction is the number one priority for each law firm in the Phatshoane Henney Group. In support thereof the Phatshoane Henney Group adopted client service standards (“Standards”) which target the achievement of high levels of client satisfaction as a critical aspect of ensuring each member firm’s position as the firm of choice for its clients.
Phatshoane Henney Group spends R1 million on Enterprise Development
The Phatshoane Henney Group of Associated Law Firms has raised and invested R1 million on Enterprise Development with the Cadiz Enterprise Development Investment (“CENT”) fund in furtherance of its commitment to advancing the broad-based principles of BEE.
BEE Revised Codes Clarification Notice: Clarification or mystification?
The deadline for final implementation of the Revised BEE Codes of Good Practice (“Revised Codes”) was set for 1 May 2015 and companies waited with bated breath for the Department of Trade and Industry (“DTI”) to clear-up many of the uncertainties that exist around the Revised Codes. The silence was finally broken by a Notice of Clarification (“Notice”) issued by the DTI on 5 May 2015 intended to clarify many of the uncertainties surrounding the Revised BEE Codes of Good Practice and its relationship with Sector Codes. On closer analysis of the Notice it is clear that the Department did not fully succeed in its attempts at clarification, and has quite possibly added to the existing uncertainty.
The granting of credit: Not the 1, 2, 3 it used to be
Today’s consumer is not afraid of credit and consumer practices of borrowing more to pay off credit debt are quite common. To address this, the National Credit Regulator (“NCR”) has proceeded to amend the National Credit Act 34 of 2005 (“NCA”) to address the habits of consumers to lend-and-spend more than they can afford, and the eagerness of credit providers to take advantage of these consumers by providing them with reckless credit.
Getting married in another country? Be wary of the fineprint!
As the world gets smaller and smaller, an ‘international wedding’ becomes a greater reality for many couples – from the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy. This international marriage or ‘traveller’s marriage’ may seem romantic, but can quickly turn sour when questions regarding the matrimonial property regime of the parties are raised at divorce or death of a party. Which legal regime governs the marriage: the country where they where married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain!
Home loan? Get those bank statements and payslips read
Buying property is an exciting step in any person’s life. One spends months searching for and researching properties until the right place puts up its hand and you know you are smitten! But reality quickly sets in when the paperwork starts and you have to apply for a bank loan to finance your purchase. This vital process of submitting a credit application for a home loan to make your dream a reality, is often overlooked and can easily let your dream implode on itself if not taken seriously. So take the time and also prepare yourself properly for this important step of making your dream a reality.
Can title conditions of a homeowners association restrict the sale of your property?
You have bought property in a security estate managed by a Homeowners Association (HOA.) The property was expensive but in your mind an investment in your future. However, personal financial constraints have made you not only fall behind on your levies, but also consider selling the property. You may even be staring insolvency in the face. But can the property be sold without you settling the outstanding levies
Group BEE Standards – setting standards for the legal industry
The impact of the revised Broad-Based Black Economic Empowerment Codes (“Revised BEE Codes”) will affect all businesses in South Africa, including the legal profession, and will necessitate an increased focus by law firms on their BEE planning, professional development and community involvement if they are to continue serving their clients as South African citizens of good standing.
Working hours and minimum wages of farm workers
For all employers in the agricultural sector, Sectoral Determination 13 relating to farm workers must be taken into account when considering working hours and wages of your farm workers.
When must I pay an estate agent’s commission?
The estate agent marketed your property well, a willing purchaser was identified, and a contract signed and sent to the attorneys who are now only awaiting approval of the bond by the bank to continue with the transfer. So when must you pay the estate agent his commission?
Does a child have a voice in its parents’ legal battle?
It is often said “parents know best” – but when parents become embroiled in litigation against each other and children are involved, it can become very difficult for them to set their own interests aside and allow the interests of the child to take preference over their own. This also raises the question of whether a child involved in such a situation, has a voice and a say in decisions being made.
Be wary of prescription – don’t drag your feet to collect your debt
Prescription is a term used to indicate that the time period to institute legal proceedings against a debtor has lapsed. It is thus not a legal term that should be easily ignored, as having your claim prescribe might mean the end of the road for any legal proceedings against a debtor.
The low down on providing a surety
Many of us will during our lifetime be requested at some point to stand surety for another person’s debt. But binding yourself as a surety for someone else’s debt is a risk that should be approached with circumspection and not be entered into lightly, and where unavoidable, be approached with a full understanding of the nature and consequences of such a suretyship.
Can you use your Nanny Cam to monitor your domestic worker or nanny?
After media recently reported events of violence against toddlers, many parents may be considering installing Nanny Cam Monitors in their homes. A child’s safety is a priority for any parent and this seems a logical step to help identify or provide proof for a concerned parent of possible abuse or mistreatment. As an employer, you want to trust your domestic worker or nanny, and your concern could possibly even extend to the security of your property. But can you just install a Nanny Cam to provide evidence for your suspicions, and if you did, and it does, can you use this information?
Can I take my satellite dish with me?
Mr Purchaser is excited about buying the flat from Mr Seller, more so as the flat comes with an installed DSTV satellite dish to which he only needs to connect his decoder to watch the Rugby World Cup later this year! Mr Seller however has no intention of leaving his satellite dish behind as he also wants to watch the rugby from his new flat. But can Mr Seller just take his dish, or is Mr Purchaser entitled to have the dish remain behind?
The Phatshoane Henney Group: Establishing a new breed of law firm
The complexity of the modern business world and the increasingly sophisticated needs of clients have affected many law firms and their continuing ability to service their clients. Business regulation and rising technology costs impact heavily on the modern firm and the rendering of a quality and cost-effective service to clients. Firms have to spend more on their knowledge resources, information technology infrastructure, compliance management and staff development while clients have become smarter and more cost-sensitive shoppers of legal services with client loyalty dependent on value-for-money and meeting client needs. The result has been – as with many other professions – that small and medium-sized firms struggle to maintain parity and meet the demands of infrastructure, staff and service levels necessary to address client expectations.
VDT/Beeld Children’s Fund Corporate Golf Day
During the recent 12th annual VDT/Beeld Children’s Fund Corporate Golf Day, which was held at Pretoria Country Club, an amount of R 180 000,00 was raised. VDT has during the past three years, donated amounts of R170 000, R200 000 and R180 000 respectively, amounting to a total of R1, 380 000 donated to the Beeld Children’s Fund over the past 12 years. These funds are utilised for the basic and therapeutic needs of many homeless, orphaned and disabled children.
Kan ‘n kontrak regtens deur die stuur van ‘n epos gekanselleer word?
Met die spoedige ontwikkeling van tegnologie moet enige besigheidsman deesdae nie net op hoogte bly van tegnologiese verwikkelinge nie maar ook met verwikkelinge in die reg. In die hedendaagse lewe word ooreenkomste gereguleer deur kontrakte wat geteken word deur al die partye. Dit bring na vore die vraag of digitale kommunikasie relevant is vir ons kontraktereg en selfs meer spesifiek, of ‘n party byvoorbeeld ‘n ooreenkoms regmatig kan kanselleer deur die stuur van ‘n epos?
Can you cancel a contract by email?
Your agreement is signed, sealed and delivered! You know that in the agreement a non-variation clause stipulates that no variation or consensual termination of the agreement shall be of any force or effect unless in writing and signed by both parties thereto. This clause seems simple enough…. If you want to cancel the agreement, all you have to do is ensure that it is in writing and signed. What can possibly go wrong?
Oral variations of an agreement – are they valid?
You decide to rent a cottage from a friend and live in his backyard for a year or two. You both agree that it would be wise to enter into a lease agreement and have the necessary agreement drawn up. Everything goes well until the monthly rental increases as per the agreement. You discuss the situation with your friend who agrees to waive the increase verbally. But is this sufficient and can you legally rely on his word only?
Better position for Muslim women in customary marriages
Schuaib and Faheema were married in 1988 in accordance with Muslim rites. At the time of their marriage, Schuaib was already a spouse in a pre-existing civil marriage with his first wife Nadia. Faheema is a housewife and has no income, she relies solely on Schuaib to maintain her and the household. Faheema is afraid that if she divorces Schuaib she will have no claim to maintenance or proprietary relief as marriages that are concluded solely according to Muslim rites are not legally recognised in South Africa. What can Faheema do?
Prioritise Ownership or be levelled down
In the past, many companies with a turnover of under R35 million were able to avoid having to transform their Ownership. However, with the Amended BBBEE Codes of Good Practice (Amended Codes) coming into effect later this year, these companies will have to rethink the importance of meeting their BEE targets with regards to Ownership.
Can failing a polygraph test be grounds for dismissal?
A polygraph test, popularly known as a “lie detector test”, is a device that captures basic types of psychological data – usually differential blood pressure, heart rate, respiration rate and skin conductance. A person being examined by the use of this device will typically fear being ‘caught’ lying and his body will react reflecting that fear, which reactions are then captured by the polygraph test. But can ‘failing’ a polygraph test constitute grounds for dismissal of an employee?
The company you (don’t want to) keep: When shareholders won`t share anymore
Entering into any business venture is fraught with challenges, risks and, hopefully, also rewards; but what happens if somewhere along the line the shareholders of a company no longer get along and want to call it quits? Can a solvent company be wound up if the shareholders don’t get along?
Deadline for New BEE Codes looms
With the amended BEE Codes of Good Practice (New Codes) becoming effective in May this year there may be a tendency for many businesses to postpone dealing with the implications of the New Codes until after they have become effective. What many businesses may not realize is that their deadline to get everything in order for their first BEE rating under the new Codes could be less than a month away.
Must an employer accept that medical certificate?
Abuse of sick leave by employees is a pandemic that affects many employers. Most employers have experience of employees staying away at the drop of a hat and then submiting a very dubious medical certicate as evidence of their indisposition. Often employees feel that a medical certificate is irrefutable and an employer has no choice but to accept the illness of the employee. Is this really the case though?
Are you between a rock and a hard place with your neigbour’s trees?
A few years ago your neighbour planted a row of trees against your separation wall. Now the trees are fully grown and the branches and leaves regularly fall into your pool as well as blocking your stormwater drainage. Furthermore, the roots are not only beginning to lift your separation wall but also the pavement around your pool. What to do? Should you get to work and remove the roots yourself before your pool is also damaged?
The Phatshoane Henney Group, South Africa’s Largest Association of Law Firms for a reason
The Phatshoane Henney Group of Associated Law Firms is an association of top South African law firms that have united to form the largest legal association in the history of South Africa. The Group currently comprise of 41 law firms with 55 offices and over 500 professionals spread across all nine Provinces.
Phatshoane Henney Group awards R350,000 in bursaries to 12 candidate attorneys
The Phatshoane Henney Group has at the beginning of 2015 awarded twelve bursaries with a total value of over R350,000 to Black Candidate Attorneys registered to conduct their contract of articles with Group member firms.