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Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024,  Bridgeton Petoors

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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233
Article

The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 2

03 May 2024,  Marilie Beukes

When considering the subdivision of agricultural land or dealing with inherited farmland that may be subject to disputes, there are... several important factors to keep in mind. The Subdivision of Agricultural Land Act No. 70 of 1970 regulates the subdivision of agricultural land and elaborates on various aspects within the Act. This includes definitions relevant to the operation, actions that are excluded and prohibited by the Act, and rules governing the succession of subdivided agricultural land.

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207
Article

The Omission of a Single Word Can Lead to a Will Being Contested

03 May 2024,  Jan van Zyl

The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South... Gauteng High Court, in the matter Strauss vs Strauss and Others.The plaintiff instituted action claiming that the joint will of his parents not only made provision for the situation where they died within 30 days of each other, but also if the survivor died after the expiry of the 30-day period without having made a subsequent will. The first and second defendants are the plaintiff’s sisters.

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432
Article

How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected a Recent Property Dispute Case

03 May 2024,  Lizanne Maritz

In essence, the phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According... to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period that, when combined with the possession periods of their predecessors in title, totals 30 uninterrupted years.

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247
Article

Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024,  Bridgeton Petoors

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

READ MORE
233
Article

The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 2

03 May 2024,  Marilie Beukes

When considering the subdivision of agricultural land or dealing with inherited farmland that may be subject to disputes, there are... several important factors to keep in mind. The Subdivision of Agricultural Land Act No. 70 of 1970 regulates the subdivision of agricultural land and elaborates on various aspects within the Act. This includes definitions relevant to the operation, actions that are excluded and prohibited by the Act, and rules governing the succession of subdivided agricultural land.

READ MORE
207
Article

The Omission of a Single Word Can Lead to a Will Being Contested

03 May 2024,  Jan van Zyl

The contents of an “inelegant and very badly drafted” will were recently the subject of a dispute in the South... Gauteng High Court, in the matter Strauss vs Strauss and Others.The plaintiff instituted action claiming that the joint will of his parents not only made provision for the situation where they died within 30 days of each other, but also if the survivor died after the expiry of the 30-day period without having made a subsequent will. The first and second defendants are the plaintiff’s sisters.

READ MORE
432
Article

How the Latin Phrase Nec Vi, Nec Clam, Nec Precario Affected a Recent Property Dispute Case

03 May 2024,  Lizanne Maritz

In essence, the phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According... to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period that, when combined with the possession periods of their predecessors in title, totals 30 uninterrupted years.

READ MORE
247
Article

Client Testimonials

Just a short note to thank you for the excellent service that I received yesterday. It was professional, thorough and very efficient.

John, Private client

Thank you very much for all that you have done. We appreciate what you did for us. It feels good to deal with people that are just as good as their words, and better. I will recommend you to others. You are not just a good lawyer, but also a gentleman.

Marietjie, Private client

Ek wil aan julle my dank en waardering uitspreek vir die positiewe verloop van hierdie aangeleentheid, in die besonder vir die geduld gedurende die tyd wat dit geneem het om dit af te handel, so ook die advies en bystand.

Beatrix , Private client

I would like to take this opportunity to thank you all for being my pillars of strength and support throughout my ordeal. I am overwhelmed by the manner in which you represented me in court. With tears in my eyes, I have no words to explain how grateful I am with the outcome of this case. I can’t stop talking about your firm to my colleagues, family and friends.

Refiloe, Private client

Thank you for the wonderful correspondence. It is such a pleasure working with a company that gives us regular feedback. Thank you for excellent service.

Rosanne , Private client

Ek beplan om die tyd te neem om julle kantore te besoek, net om persoonlik my dank te kom gee. Ek het soveel vertroue in julle gehad van die begin af. Julle het die situasie met soveel respek hanteer, verstommend.

Charmaine , Private client

Thank you so much for attending to the transfer and for being so efficient. It has been such a pleasure to work with you.

Debbie , Private client

It just remains for me to thank you very much for all the work involved in getting us to this end point - a point I'm sure we all wondered if we'd ever see at some stage or other. I would also like to thank your conveyancing department who was wonderful at communicating during the sale of the house.

Jayne, Private client

Baie dankie, dit is ’n verligting dat my pa se boedel afgehandel is – alle dank weereens aan jou. Baie dankie vir die professionele manier waarop jy alles hanteer het, al jou moeite met die ‘ekstras’ en die gereelde kommunikasie om ons op hoogte te hou. Ons sal kontak behou!

Deon , Private client

Thank you for all your hours of service and commitment to resolving and tying up this tiresome estate. I am exceedingly grateful.

Sally , Private client

I would like to thank you for the professional manner in which the affairs of my mother’s estate were handled.

John , Private client

Baie dankie vir julle hulp ten spyte van julle baie werk. Ons plaas ’n baie hoë verwagting op diens en julle het dit by uitstek oortref. Nogmaals dankie, ons waardeer dit baie!

Petra , Private client

Thank you, from the bottom of my heart, for the opportunity you have afforded me of completing Vacation Work with your firm. I have enjoyed my time spent with you, and it has been an absolute pleasure to learn more about your firm, and the legal world. I am so appreciative of the warm welcome by all of your colleagues, and the manner in which we interacted throughout my time here. I hope to return for more Vacation Work this year, and I am exceedingly eager to apply to complete my articles with you, as I have just about fallen in love with your firm and the family that it hosts.

Tamara Foyn, Vacation Work Candidate

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