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Grandparents' rights to access

Posted by Roy Bregman on May 02, 2013

Tags: visitationright to accesscustody of childbest interests of child

Most grandparents actively participate in their grandchildren’s lives. Unfortunately, divorce or family dysfunction often cuts them off from their grandchildren. For example, the mother of a child born out of wedlock may, on a whim, refuse the paternal grandparents contact with her kids.

 

Constructive dismissal - the how's and why's

Posted by Roy Bregman on May 02, 2013

Tags: resigningreasonsdismissalcontract of employmentCCMA

Section 186 (1) (e) of the Labour Relations Act provides that one of the definitions of “dismissal” is where an employee terminates a contract of employment with or without notice because the employer made continued employment “intolerable” for the employee.

 

Can I be forced to work overtime?

Posted by Roy Bregman on May 02, 2013

Tags: working hoursovertimelabour lawforced labour

There is a difference between certain employees. The Basic Conditions of Employment Act applies to all employers and workers, but not to:

 

Parental rights for same-sex partners

Posted by Roy Bregman on May 02, 2013

Tags: same-sex partnersparental rightsChildren's Actbest interest of childaccess to children

CM v NG is a watershed case for same sex couples with children.

 

Five ways to improve the attorney-client relationship

Posted by Editor, Law24 on May 02, 2013

Tags: consulting attorneyattorney relationship

This article was submitted by Jody Doyle, partner at Dommisse Attorneys.

Few people are enthusiastic about engaging the services of a lawyer. As an entrepreneur, you’re almost certainly more interested in growing the business than in meeting with your attorneys – but getting from idea to reality invariably requires the involvement of a lawyer at some point or another, so it makes sense to get the most you can out of your lawyer. In fact, if you manage it properly, the attorney-client relationship can be one of the most useful and rewarding business relationships you have.


 

Store returns policy and the CPA

Posted by Roy Bregman on May 02, 2013

Tags: store returnsfaulty goodsdefectsCPAConsumer Protection Act

Do you sell goods? If so do you have a standard policy that deals with returns and repairs, relating to defective products? If so, does it comply with the Consumer Protection Act (the “CPA”)? It is likely that your policy was drafted years ago and falls foul of the CPA. If it does, the National Consumer Commission could impose substantial penalties if you do not correct your policy.

 

Is your email disclaimer valid?

Posted by Roy Bregman on May 02, 2013

Tags: privacyemail policyemaildisclaimerconfidential

As far as I have been able to establish, no court has pronounced on the enforceability of email disclaimers.

 

Can hospitals and doctors still hide behind exemption clauses?

Posted by Roy Bregman on May 02, 2013

Tags: negligencemalpracticeHospitalexemption clausedoctor

Traditionally, our courts have held that where a patient absolves a hospital or doctor from medical negligence, he or she can’t sue if an operation goes wrong.

 

Debt - when you can't be forced to pay

Posted by Roy Bregman on May 01, 2013

Tags: Prescription Actprescribinglapsing of debtsdebtbad debtacknowledgment of liability

The phone rings and the agent on the other end inform you that you have not paid your debt. You have no idea what debt he is talking about and the person on the other end says “Just pay R20.00. That is all we ask for”. This is an old trick used by Debt Collectors to collect prescribed debt.

 

Rights of an unrepresented accused to a fair trial

Posted by Saber Ahmed Jazbhay on Apr 11, 2013

Tags: unrepresented accusedright to a fair trialjusticeIrregularities

An unrepresented accused has a limited appreciation of the legal process  and is greatly disadvantaged in legal proceedings, where he or she has to conduct  his or her own defence. Judicial officers must ensure impartiality, objectivity and procedural fairness in respect of the unrepresented accused who lacks familiarity with courtroom technique and legal knowledge in order to ensure a fair trial. The  judicial officer must assist the unrepresented accused in all facets of the trial, ensuring that only admissible evidence is placed before it.  It's a travesty of justice when someone, convicted of a serious crime, who was unrepresented at the time,to wait over a decade before his appeal is finally concluded in his favour and after serving 8 year of a fifteen year prison sentence. In this case Sithole v State (2013)ZASCA 55, so many irregularities were committed by , inter alia, the magistrate that the SCA recorded its most serious approbation and concerns escially in the context of an unrepresented accused.

 
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