Retrenchments during Covid-19 Arisha Rajaram During these unprecedented times, businesses are struggling to cope with the financial aspects of running a business, and both employers and employees are suffering. One of the major issues that businesses are faced with is whether to retrench employees in order to re-build their business. Avoiding retrenchment Where employers’ businesses...Read More

Work WhatsApp Groups Nozipho Mvulane Work WhatsApp groups can be a place where teams share work-related updates, what is happening throughout the day if some employees are working offsite and other business-related purposes. However, work WhatsApp Groups can also pose a potential threat to companies. They can expose the company to various risks and liabilities...Read More

Mutual Separation Agreements Nozipho Mvulane What is a mutual separation agreement Mutual separation agreements are legal and binding in South Africa. They can be entered into before or after a disciplinary enquiry. A mutual separation agreement is a waiver of rights by both parties to enable a “soft exit” of the employee. This may enable...Read More

You have been suspended, now what Nozipho Mvulane Being suspended from your job can often come as a surprise. Some employees may not always know what to do. We have briefly outlined the steps to a fair suspension and what your options are should you find yourself in a situation of unfair suspension where you...Read More

TERS benefits during Covid-19 Arisha Rajaram The Department of Labour has issued directives governing the Covid-19 Temporary Employer / Employee Scheme (TERS). Who does TERS apply to? TERS benefits apply to employers who are ‘facing distress” during the lockdown and are unable to pay salaries resulting from the lockdown. In terms of the directives, TERS...Read More

Parenting plans and why they are important Arisha Rajaram In certain instances, parents or co-holders of parental rights may experience difficulties in exercising their responsibilities and rights over their children. When this happens, parents would need to agree on a parenting plan to regulate the exercise of their responsibilities and rights as a prerequisite before...Read More

The impact of the Coronavirus on contracts in South Africa Arisha Rajaram In light of the recent Coronavirus (also known as COVID-19) case being confirmed in South Africa, there are certain legal implications that this global virus would have should the Coronavirus spread. Performance in terms of the contract One of the main issues that...Read More

The Coronavirus and your employees Nozipho Mvulane Coronavirus in South Africa The first confirmed case of the coronavirus (COVID-19) was confirmed in South Africa on 5 March 2020. As of the 6 March 2020, according to the World Health Organization (WHO), the coronavirus had approximately: At least 93,000 reported cases globally; and At least 3,100...Read More

The Doctrine of Common Purpose and the Crime of Rape Nozipho Mvulane Constitutional Court judgment On 11 December 2019 the Constitutional Court handed down judgment in the matter of Tshabalala v S (Commissioner for Gender Equality And Centre For Applied Legal Studies As Amici Curiae); Ntuli v S CCT323/18 & CCT69/19. This matter involved the...Read More

Incorrect Pricing and the Consumer Protection Act Nozipho Mvulane The Consumer Protection Act The Consumer Protection Act 68 of 2008 (Consumer Protection Act) aims to address challenges faced by consumers. Section 3 of the Consumer Protection Act recognises that South African consumers have rights that require protection. The Consumer Protection Act sets out several rights...Read More