011 475 2845 law@leeuwmar.co.za

Don’t delay the bringing of disciplinary charges

Practitioners and the courts see this phenomenon quite often where employers bring charges against employees who committed acts of misconduct a long time ago. Many reasons for this exist, for instance, employers argue that they were not aware of the seriousness of the... read more

FREQUENT EMPLOYMENT LAW EDITORIAL

Evidence which may be crucial in disciplinary hearings However, this is not always the case and more often than not, the employer is challenged before the CCMA or Labour Court and needs to lead extensive evidence convincing the arbitrator or judge that the dismissal... read more

Why is Employee Qualification Fraud On the Rise?

  In the last few months Employers at large have seen an increase in the fraudulent disclosure of qualifications by prospective employees either on their CV’s or during interviews. This may largely be attributed to South Africa’s turbulent economy and the fact... read more

Grandparents’ rights to Grandchildren

Grandparents’ rights to Grandchildren: In South Africa, grandparents do not have automatic rights to their grandchildren. However, in terms of sections 23 and 24 of The Children’s Act 38 of 2005, grandparents may approach a court having jurisdiction and request... read more

Can an unborn child inherit?

  Can an unborn child inherit? Legal subjectivity of a child begins at birth. In order to protect the interests of an unborn child two requirements must be met namely:   The unborn child must already have been conceived at the time when its interests require... read more

Traditional Healer Sick notes

In a country as culturally diverse as South Africa this aspect is raising its head much more often, can your traditional healer book you off work legally? In the benchmark case of Kievits Kroon Country Estate (Pty) Ltd // Mmoledi and others the issue came to the front... read more

Litigation v Mediation in a Divorce Action

Litigation v Mediation in a Divorce Action: Litigation is the institution of a legal action or application which a judicial process is used to arrive at a legal resolution of the differences between the opposing parties. Mediation is a voluntary process where the... read more