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Factors To Consider In A Divorce Settlement Agreement
Divorce marks the end of a relationship and can be one of the most trying processes for a couple and their families to go through. In saying this, however, many couples are not interested in long and drawn-out court battles. Often couples wish to enter into...
COVID-19 Vaccines – Now Compulsory in Gated Communities?
May estates and complexes institute mandatory vaccine requirements? Trustees seeking to implement vaccine mandates may find support in the Sectional Titles Schemes Management Act 8 of 2011 (the “Act”) . Section 7 of the Act stipulates that trustees must act in the...
How Enforceable is the Polygraph in Modern-Day Proceedings?
A polygraph test, better known by the general public as a "lie detector test", is used in labour proceedings by the employer to assess the truthfulness of an employee on the events in question. The test monitors your bodily reactions towards specific questions to...
Constructive Dismissal: What Do I Need To Know?
Employees often find themselves in employment conditions that are difficult to deal with. However, how does one mark the difference between difficult employment conditions and employment conditions that are so intolerable that the employee is forced to resign? What Is...
A Brief Overview of Retrenchments
South African labour law has a very well-structured approach to assist employers and employees in identifying their rights, and the proper formal recourse to make use of should either party feel aggrieved. Post-democracy South Africa required a new approach to the...
Has Your Spouse Gone Missing? The Process of Divorce Where Your Ex’s Whereabouts are Unknown
Married couples drift apart for various reasons. In certain instances, spouses may not necessarily keep track of each other's whereabouts should a separation occur prior to divorce. A problem arises when one of these spouses wants to remarry. The spouse wishing to be...
The Importance of Mediation in Resolving Disputes and Rule 41A
Prior to the COVID-19 pandemic, there were long court delays, and despite this, very few South Africans considered mediation. However, with the limitations on movement and the increased risk posed to court employees and the public by the COVID-19 pandemic and lockdown...
Limiting the Pacta Sunt Servanda?
When two parties conclude a contract, the terms and conditions of the contract are the rules that will govern the relationship between the parties. Once the contract is signed, rights and duties are created, and the parties will remain liable thereto until the...
Removal of a Director by Shareholders or the Board of Directors
Directors of a company must perform their duties in a manner that furthers the interests of both the company and the shareholders. So what happens when a director is encumbering the business affairs of the company or acts in a manner that is contrary to the best...
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