Archive for Oct 2016

ABUSE OF WORK INTERNET FACILITIES

The use of the internet is an indispensable tool of the modern workplace for many employees. Internet access facilitates efficient work, and often makes it easier for employees to perform their tasks. However, easy access to the internet presents many opportunities for employees to engage in conduct which threatens the employer’s interests. To protect their…

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SEXUAL HARASSMENT

Employers cannot afford to take the phenomenon of sexual harassment lightly. In a very recently decided case, the plaintiff was awarded damages in excess of R 4 million, to be paid by her employer, a municipality, because they had failed to protect her adequately from sexual harassment and its consequences and were therefore found vicariously…

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HEARSAY EVIDENCE – WHEN WILL IT BE ENOUGH?

In terms of the law of evidence, hearsay is generally inadmissible since it is regarded as inherently unreliable. This is because the source of the information is not physically present at the proceedings and therefore cannot be questioned. Usually hearsay evidence is in the form of a written statement, or a witness reporting what s/he…

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SELLING PROPERTY? CHECK FOR VAT BEFORE YOU SIGN

“There’s many a slip ‘twixt the cup and the lip” (very old and very wise proverb) You sell your property for a good price and, with the deal in the bag, you start daydreaming about how to spend the proceeds.  Then – disaster of disasters – you realise that in the excitement of the sale…

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DIVORCE MAINTENANCE: CAN YOU CONTRACT OUT OF IT?

“The concept of chivalry is beyond his comprehension and lies dead and buried in his mind, if it ever existed” (Part of the Court’s scathing assessment of the husband in the judgment below) Generally, our laws hold us to the agreements we make with each other, but there are limits.  A recent High Court judgment,…

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Lost Views and Rising Damp – Lessons for Home Buyers

Learn from the mistakes of others. You can’t live long enough to make them all yourself.” (Eleanor Roosevelt) Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view.  The setting this time is a group housing development which was specifically designed to give each and every house views…

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