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Managing Poor Performance In The Workplace: A Guide to Avoiding Unfair Dismissal Claims
Introduction Managing poor performance is a delicate but essential responsibility for employers striving to maintain workplace efficiency and productivity. While the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) provide a framework for...
The Sustainability of Mediation: A Concise Perspective on Its Viability as a Legal Product
Introduction As a legal practice, what makes your practice unique compared to other legal practices? Mediation might be the solution to one’s concern even though mediation is not an everyday topic, not due to its performance results, but instead to its...
Guiding Employers through the Legal Requirements for Transferring Employees in Business Sales or Mergers
When a business is transferred as a going concern, the new employer automatically steps into the shoes of the old employer with respect to all existing employment contracts. Section 197 of the Labour Relations Act 66 of 1995 as amended (“LRA”) aims to protect...
Parenting Plans and Co-Parenting Agreements
Introduction In family law, parenting plans and co-parenting agreements are essential tools to help separated or divorced parents provide a stable, supportive environment for their children. Parenting plans are detailed agreements developed by parents to...
Navigating Mutual Separation Agreements: A Strategic Alternative to Employment Termination
Introduction Disputes and dissatisfaction can arise in the complex realm of employment relationships, creating the need for amicable resolutions. Among the strategies for addressing these challenges, the Mutual Separation Agreement (MSA) has emerged as a...
Customary Marriages And Their Legal Implications
Introduction Customary marriages are recognized and regulated by law, particularly under the Recognition of Customary Marriages Act 120 of 1998[1] (RCMA), which aims to provide legal status and protection for marriages entered under customary law. However, issues...
Factors to Consider When Starting a Business
Introduction Starting a business begins with identifying a commercial idea with the potential to generate profit. This process involves defining the business's objectives and considering practical elements, such as whether a vehicle is needed for operations and...
Still Your Business Post Divorce?
Divorce can be a challenging and emotional process, but for business owners, it often introduces another level of complexity. Business ownership becomes especially vulnerable during divorce proceedings, and depending on the matrimonial property regime involved, the...
Mastering Maintenance: Exploring Different Types and Essential Processes
Introduction Maintenance in family law encompasses various types and processes, each with its own legal framework and considerations. Here are the key types of maintenance and their processes: 1. SPOUSAL MAINTENANCE: Post-Divorce Support Pursuant to Section 7...
Understanding The Protectable Interest in Restraint of Trade
Introduction A restraint of trade clause restricts employees from engaging in activities that compete with their former employer after leaving the company. These clauses aim to protect the employer’s proprietary interests—such as trade secrets, confidential...
Navigating Child Maintenance as a Business Owner
Introduction For business owners, navigating child maintenance goes beyond fulfilling a legal obligation; it involves balancing personal financial commitments with the unpredictability of business income and expenses. Legal Framework for Child...
Asset for Share Transactions Unpacked
Section 42 of the Income Tax Act 43 of 1961 as amended (“ITA”) is a critical provision that offers significant advantages for taxpayers involved in corporate restructuring. This section allows for what is known as an asset-for-share transaction, where a taxpayer can...
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