Community Scheme Disputes and the Ombud’s Powers to Resolve Them

“[The Ombud} has been given wide inquisitorial powers whereby such disputes can be resolved as informally and cheaply as possible by means of qualified conciliators and adjudicators, without the need for legal representation, save in certain limited circumstances.” (Extract from first judgment below) If you have a dispute with anyone in a “Community Scheme” - [...]

By |2021-11-05T13:28:47+02:00November 5th, 2021|Labour Law, Property, Property Law|Comments Off on Community Scheme Disputes and the Ombud’s Powers to Resolve Them

Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many instances not covered and cover is dependent [...]

By |2021-09-02T08:47:14+02:00September 2nd, 2021|Commercial Law, Corporate Law, Financial|Comments Off on Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance!

Violence and Looting – Can You Sue SAPS?

“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if they fail to protect you during unrest and [...]

By |2021-08-02T16:04:36+02:00August 2nd, 2021|dismissal, Labour Law|Comments Off on Violence and Looting – Can You Sue SAPS?

Employee Looting and Strike Violence: When Is Dismissal Fair?

Employee looting and/or violence can take place during strike action or it can occur during non-workplace incidents such as the recent looting and public disorder sprees. In both cases employers need to take action, but with care. Addressing firstly the “strike” scenario, employees have strongly entrenched rights when it comes to taking industrial action. But [...]

By |2021-08-02T15:59:59+02:00August 2nd, 2021|dismissal, Labour Law|Comments Off on Employee Looting and Strike Violence: When Is Dismissal Fair?

R4m Damages for a Workplace Sexual Assault

“The stance adopted by the Municipality at the trial demonstrated a disturbing lack of appreciation of its legal obligation to have provided E[….] with a safe working environment.” (Extract from judgment below) Our courts do not tolerate any form of sexual assault or harassment in the workplace and a recent High Court decision confirms the danger [...]

By |2021-07-02T11:21:59+02:00July 2nd, 2021|dismissal, Labour Law|Comments Off on R4m Damages for a Workplace Sexual Assault
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