Law DotNews

confident employer firing the employee from the company

“You’re Fired for Misconduct” v “No, I Resign” – Who Wins?

You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an

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dachshund snuggled up and asleep in human bed.

Your Website of the Month: How To Sleep Like a Boss

Insomnia is serious, impairing your logical reasoning, executive function, attention, and mood, with a risk in serious cases of depression, anxiety, and symptoms of paranoia. In the long run, sleep deprivation is a main contributor to the risk of dementia and Alzheimer’s disease. Chronic insomnia has even been linked to a shorter life span –

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levies 650

Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps approaching the Community Schemes Ombud for assistance, to apply for the sequestration of the

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alarm panel activated

Suing Your Security Company: The Case of a Burgled Butchery

“Somewhat ironically, given the fact that the phrase “not a sausage” is originally derived from the Cockney rhyming slang “sausages and mash” meaning “cash”, they got away with not a sausage from the butchery but a great deal of cash” (extract from judgment below) When you employ a security company to provide alarm monitoring and

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scam alert

Property Scams – Beware (Cyber) Wolves in Sheep’s Clothing!

“Beware the wolf in sheep’s clothing” (Aesop’s Fables) Cybercrime levels are surging, and it didn’t take the scammers long to figure out that when you buy and sell property you become a prime target because of course – Property transactions provide rich pickings, often very rich pickings. Electronic communication between attorneys and clients, which is

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Lending Money Repayable “On Demand”: Beware Prescription!

“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts running. From that moment on, the clock is ticking… A recent Constitutional Court

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real estate stress

How to Escape from a Property Suretyship

“Suretyship is the precursor of ruin” (Thales of Miletus, one of the Seven Sages of Ancient Greece) As the philosopher and mathematician Thales pointed out two and a half millennia ago, signing surety for another’s debts carries huge risk. Yet every day directors of property holding companies happily sign personal suretyships for their company’s (usually

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fired businessman reading the notice of job termination

Depressed and Dismissed – A Hard Lesson for a Hard Employer

A recent Labour Court decision shows how dangerous it is as an employer, when attempting to dismiss an employee, not to draw a clear distinction between misconduct and incapacity.   Disciplined for depression An employee, whose track record had originally been an excellent one, was charged at a disciplinary enquiry with four  charges of misconduct

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