11th Feb 2021

What to do when an employee resigns before their disciplinary hearing?

What to do when an employee resigns before their disciplinary hearing? We have found that very often an employee will resign “with immediate effect” in response to a notice to attend a disciplinary hearing. They do this in the hope of evading the disciplinary hearing and its possible consequences. The rationale is that having resigned with immediate effect, the employment relationship is immediately terminated. Labour Court decisions on the correct legal position have not been consistent, but in the main supported the view that once the employee resigns, the employment […]
2nd Feb 2021

Constructive Dismissal

Constructive Dismissal Constructive dismissal may be defined as “a situation in the workplace, which has been created by the employer, and which renders the continuation of the employment relationship intolerable for the employee – to such an extent that the employee has no other option available but to resign.”  In lodging a dispute of constructive dismissal, it is for the employee to prove that the employer was responsible for introducing the intolerable condition, and for the employee to prove that there was no other way of resolving the issue except […]
25th Nov 2020

Dismissed for Refusing Change

Can Employees be dismissed for operational requirements when they have refused to accept a change to terms and conditions of employment?   This question has been answered by the Constitutional Court in the recent judgment in National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd) and Another 2020 ZACC 23.   Aveng experienced economic difficulties during 2014 and entered into lengthy consultations with its employees (through NUMSA) regarding possible retrenchments. During the consultation process, Aveng offered affected employees revised […]
13th Nov 2020

Antenuptial Contract Competition: Terms & Conditions

ANTENUPTIAL CONTRACT COMPETITION: TERMS AND CONDITIONS Before entering our competition, please make sure you read the following rules, terms and conditions carefully. The promoter is Pagdens Incorporated whose registered office is at 18 Castle Hill, Central, Port Elizabeth. The competition is open to residents of South Africa aged 18 years or over except employees of Pagdens Incorporated and their close relatives and anyone otherwise connected with the organisation or auditing of the competition. There is no entry fee and no purchase necessary to enter this competition. By entering this competition, […]
22nd Oct 2020

Wills Week: Why Experience matters?

Would you go to a dentist for your knee problem? Where free wills are standard, you may think that you have won a prize by receiving something for nothing, but this approach could cost you a lot of money. A will and estate plan are extremely important to your family. A will is personal and should be tailored that way. The correct estate plan and will can have  a dramatic impact on the income and capital you ultimately enjoy during your retirement and how you can, on your passing, legally […]
17th Jul 2020

Is now the time to get a Will?

Is it time to get a will? As we find ourselves in unprecedented times, the Covid-19 pandemic has many people worried about their health- and their death. As the pandemic starts to reach its peak, the demand for wills has increased as citizens are being compelled to start getting their affairs in order. Most of us spend our lives working hard to build up our estate and want to enjoy the benefits of our labour. It therefore seems foolish to undo all that hard work by not having a unique […]
10th Jul 2020

Ratification Clauses in Property Sale Agreements

The importance of a Ratification Clause in a Property Sale Agreement A Ratification Clause allows a seller to continue marketing their property after receiving an offer and to accept a second offer if certain requirements are met and the required notice is given to the purchaser who made the first offer. Ratification Clauses come into play when a sale agreement contains suspensive conditions. What is a Suspensive Condition? A condition which suspends the operation of an agreement of sale until the specific condition contained in the agreement has been complied […]
25th May 2020

COVID-19: What you should know when travelling to a funeral

TRAVELLING TO A FUNERAL DURING COVID-19 LOCKDOWN? HERE’S WHAT YOU SHOULD KNOW   On April 2, 2020 Cooperative Governance and Traditional Affairs Minister, Nkosazana Dlamini Zuma, gazetted further amendments to the regulations governing the travel of persons to and from funerals under the Coronavirus-enforced lockdown. The amendments allow certain individuals to move between provinces, metropolitan and district areas for the purposes of transporting a body for burial purposes. The amendment also specifies the individuals who are permitted to travel to funerals.   Attendance at a funeral or cremation is limited to […]
12th May 2020

How can Electronic Signatures make life easier?

Electronic Signatures In a world faced with a COVID-19 pandemic, strict social distancing rules and a country-wide lockdown, handwritten signatures have become almost impossible to obtain when concluding contracts. This begs the question, is it possible to obtain a signature that has the same legal status as the traditional ‘wet ink’ signature?   South African law makes provision for three available methods to a signatory when executing a contract:  Wet Ink signatures, Electronic signatures and Advanced Electronic signatures.   In terms of the common law a ‘wet ink’ signature is […]