fbpx

Attorney Articles

Fixed-Term Agreements – A Deal With The Devil?

The consumer protection act on cancellation. The good news for Francois is that the CPA does indeed allow for the cancellation of any fixed term agreement. This is provided for in section 14(b) of the Act, which provides that a consumer may cancel a fixed term agreement as follows:

I Want To Resign With Immediate Effect Because I Have A Disciplinary Hearing, But My Employer Says No!

Most employment relationships are governed by a Contract of Employment, which is signed by both the employer and employee. Such Contract of Employment usually sets out how and when the working relationship between the parties will terminate. This means the Contract of Employment ….

The Corona Virus And The Implications It Has On Your Sick Leave

With the number of COVID-19 infections increasing significantly during the ongoing second wave of the global pandemic, employers have gotten use to the new normal of dealing with employees who have tested positive for the virus, those who show COVID-19 related symptoms and those who have come into contact with someone who has tested positive. In this uncertain times and employer and employee should, however, be certain of when sick leave should be used.

Is Mediation Right For You?

Mediation is a voluntary process. This means nobody can force you or your opposing party to participate in the process, nor can anybody force either of you to settle in a mediation session.
It is thus very important that all parties to the mediation are committed to the process. Whilst it is true that a wide variety of issues can be resolved by mediation, there are some matters which are not capable of settlement through mediation.

The Corona Virus And The Implications It Has On Your Sick Leave

With the number of COVID-19 infections increasing significantly during the ongoing second wave of the global pandemic, employers have gotten use to the new normal of dealing with employees who have tested positive for the virus, those who show COVID-19 related symptoms and those who have come into contact with someone who has tested positive. In this uncertain times and employer and employee should, however, be certain of when sick leave should be used.

read more
The Corona Virus And The Implications It Has On Your Sick Leave

The Corona Virus And The Implications It Has On Your Sick Leave

With the number of COVID-19 infections increasing significantly during the ongoing second wave of the global pandemic, employers have gotten use to the new normal of dealing with employees who have tested positive for the virus, those who show COVID-19 related symptoms and those who have come into contact with someone who has tested positive. In this uncertain times and employer and employee should, however, be certain of when sick leave should be used.

read more
Is Mediation Right For You?

Is Mediation Right For You?

Mediation is a voluntary process. This means nobody can force you or your opposing party to participate in the process, nor can anybody force either of you to settle in a mediation session.
It is thus very important that all parties to the mediation are committed to the process. Whilst it is true that a wide variety of issues can be resolved by mediation, there are some matters which are not capable of settlement through mediation.

read more
Death Benefits If The Beneficiary Is Predeceased

Death Benefits If The Beneficiary Is Predeceased

Do I have a right to death benefits I was nominated for, and when does it vest?

Lara has approached us with a predicament she finds herself in. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefit was Ben’s father. This matter is complicated because Ben’s father had died some two years before Ben had died. The estate of Ben’s father was at the time of Ben’s death, not wrapped up and now the executor for the estate of Ben’s father, has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her as she was his wife. Does the fact that, she was for the most part financially dependent on Ben and was his wife, not mean that his assets should automatically be hers?

read more

Do I Have A Right To Death Benefits I Was Nominated For And When Does It Vest?

Right to death benefits: Lara has approached us with a predicament. Her husband Ben has died and there is a death benefit policy by ABC Insurance to which he was subscribed. The nominated beneficiary of the death benefits was Ben’s father. This matter is complicated because Ben’s father had actually passed away some two years before Ben had passed away. The estate of Ben’s father was at the time of Ben’s death not wrapped up and now the executor for the estate of Ben’s father has laid claim to the death benefits to be paid into the estate. Lara feels that the benefits should accrue to her, she was his wife after all? Does the fact that she was for the most part financially dependent on Ben and was his wife not mean that his assets should automatically be hers?

read more