3rd May 2021
Pagdens is a family of legal practitioners

Antenuptial contracts

Antenuptial Contracts: What does it all mean? Entering into a marriage or civil partnership is one of the most exciting and stressful milestones in life. There are so many fun decisions to make about venues, décor and cakes, that the tough decisions sometimes tend to be pushed to the side. Other than the daunting task of planning the seating chart, you also need to seriously consider whether you are going to enter into an antenuptial contract and if so which one and what will be excluded? We’ve set out the […]
1st Mar 2021

The Proposal for the Reform of South African Marriage Laws

The Proposal for the Reform of South African Marriage Laws South Africa has an abundance of religions, cultures and belief systems that have enhanced our unique heritage. As a result of this diversity, the law has gradually been developed to afford people the choice to, inter alia, enter into civil marriages, civil unions or same-sex marriages, customary marriages, and religious marriages. Currently, there are separate statutes to govern civil marriages, civil unions, and customary marriages. These are the Marriage Act, 25 of 1961, (“the Marriage Act”), the Civil Union Act, […]
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 […]