WORKING OVERTIME

By Venolan Naidoo (Senior Associate at Hayes Incorporated) It is a reality of business that upsurges in workflow occur from time to time. To meet such demands, an employer would require employees to work more than their ordinary working hours as governed by law. This also benefits an employee as they would be entitled to…

THE INVESTING TRUSTEE

By Noelle Snyman (Candidate Attorney at Hayes Incorporated) The office of trustee is one saddled with many duties. One of these duties is the duty to invest, in order to preserve and promote trust property. Investment of trust property is often a balance between risk and reward, making it a delicate practice. The duty to…

MUTUAL TERMINATION AGREEMENTS

MUTUAL TERMINATION AGREEMENTS: CAN AN EMPLOYEE WAIVE THEIR RIGHT TO FURTHER RECOURSE AGAINST AN EMPLOYER? A discussion of recent case law By Venolan Naidoo (Senior Associate at Hayes Incorporated) It has become a usual occurrence for an employer and employee to conclude what is termed a mutual termination agreement which would result in the termination…

Community Schemes Ombud Service Act

Community Schemes Ombud Service Act: A new ombud to resolve disputes of homeowners’ associations and body corporates By Michael Jones (Associate at Hayes Incorporated) The housing market in South Africa continues to be characterised by the development of residential estates and other forms of communal living. This has brought with it an increase in various…

ANNUAL RETURNS

ANNUAL RETURNS: PUT IT ON THE ANNUAL CALENDAR! By Melanie Schoombee The Commission for Intellectual Property and Companies (“CIPC”) issued a public statement on 11 October 2016, naming and shaming 20 listed companies, including the likes of Clicks Group Ltd, Pioneer Foods Ltd and Sasol Ltd, for under-disclosing or not disclosing the proper annual turnover…

RESTRAINTS OF TRADE

RESTRAINTS OF TRADE – ‘GETTING CAKE ON YOUR FACE?’ By Hannah Claassens (Associate at Hayes Incorporated) This case of The Velvet Cake Company (Pty) Ltd v R Niehaus & Blondies and Brownies Bakery CC 2016 [Reportable] centres around two bakeries in Cape Town CBD, The Velvet Cake Company (Velvet) and Blondies and Brownies Bakery (Blondies…

A CLAIM FOR COMPENSATION BY LAND OWNERS

A CLAIM FOR COMPENSATION BY LAND OWNERS: THE REALLY USEFUL-CASE By Hugo van Heerden (Senior Associate at Hayes Incorporated) A decision by an authority can limit the rights of a land owner to use or develop land and might even cause financial loss to the land owner. Will a land owner be able to claim…

GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY?

GOOD FENCES MAKE GOOD NEIGHBOURS, OR DO THEY? By Fouché Strydom (Senior Associate at Hayes Incorporated) Your neighbour is not a nosy or noisy guy, his trees don’t drop leaves in your swimming pool, no, your trouble with the man next door relates to a fence. This fence is your glorious game fence that you…

JUDICIAL REVIEW AS A REMEDY FOR UNLAWFUL DECISION-MAKING

By Michael Jones (Associate at Hayes Incorporated) It is a fundamental principle of the South African law that government agencies and public functionaries may only do that which they are legally authorised to do. This is known as the ‘principle of legality’ and was espoused in the seminal case of Fedsure Life Assurance Ltd v…

YOUR COMPANY’S STATUTORY RECORDS

By Meryl Cummings (Head of Company Secretarial Department) When we are instructed to register a company, our client’s focus is generally on registering the Certificate of Incorporation. Once this is registered the company is able to transact and conduct its business. After incorporation, very little attention is given to the maintenance of the company’s statutory…