DIRECTOR OR EMPLOYEE? APPLY THE “REALITY TEST”
Are directors employees? The question is an important one because our labour laws, particularly the Labour Relations Act, provide substantial protection only for “employees”. Now our courts have held that directors are to be regarded as employees “in appropriate circumstances”, and that the nature of an employment relationship should be determined primarily via three factors […]
TRUSTS – A HEALTH WARNING
Trusts can be extremely useful tools in estate and tax planning (and for protection of your assets from life’s misadventures), but they come with a health warning – assets held in a trust now belong to the trust, and no longer to you personally. A perfect example of how things can go wrong in this […]
CHILD MAINTENANCE – WHO IS LIABLE (AND WHO ISN’T)?
When you need financial help to support your child, who can be forced to contribute?A recent High Court judgment, which has received extensive media attention because of its negative impact on the right of grandparents to claim foster care grants, has shone a spotlight on the question of who has a legal “duty of support” […]
SARS – NEW SEARCH AND SEIZURE POWERS
The powers … SARS has a powerful new weapon. The Tax Administration Act (TAA), which has just come into effect, allows SARS to “search and seize” without first obtaining a court warrant. This enables the taxman to take immediate action to stop tax evaders from destroying records and hiding evidence during the period of delay […]
SICK NOTES FROM A SANGOMA – ARE THEY VALID?
A recent decision A recent decision of the Labour Appeal Court has been misinterpreted by some as meaning that employers must now unconditionally grant their employees sick leave on the basis of ‘sick notes’ from traditional healers such as sangomas. That is not correct, and it is important for both employers and employees to understand […]
LOSS OF SUPPORT CLAIMS: UNMARRIED COUPLES COME IN FROM THE COLD
The loss of support claim If the breadwinner in your family is killed or injured as a result of another person’s wrongdoing, you can claim for maintenance and loss of support under what is known in our common law as a “dependants’ action”. You will need to show that the breadwinner had a “legally enforceable […]
UNFAIR DISMISSAL AND CCMA HEARINGS – CAN YOUR LAWYER REPRESENT YOU?
Although CCMA rules generally allow you to have legal representation in arbitrations, there is one important – and common – exception.Where the dispute is about the fairness of a dismissal related to either misconduct or incapacity, the default position is that you are not entitled to be represented by a legal practitioner.The commissioner in each […]
LENDING TO A FRIEND: THE R7 MILLION, THE LAW AND THE RISKS
“Be careful about lending a friend money. It may damage her memory” (Anonymous)Of the many potential pitfalls inherent in making loans to friends, one of the more dangerous (but lesser-known ones) is that presented by the requirements of the National Credit Act (NCA). It’s a serious risk – failure to comply with the NCA’s many […]
YOUR SECTIONAL TITLE LEVIES – ARE THEY VALID?
A recent High Court case, in which a body corporate failed in its attempt to sequestrate the deceased estate of a section owner, shows once again the necessity of complying with all the requirements of sectional title legislation – what may appear at first sight to be a “technicality” could easily turn out to be […]
COMPANY DEREGISTRATION: NEW PROCEDURES
CIPC (the Companies and Intellectual Property Commission) has published new procedures for deregistration of companies and close corporations. You can apply to voluntarily deregister your corporate if either: It has ceased to carry on business, or It either has no assets, or inadequate assets for it to be liquidated. There are no forms to complete, […]