Aslam Moolla - Family & Labour Lawyer - Education Page

Aslam Moolla - Family & Labour Lawyer - Education Page Hello I'm Aslam Moolla - a fully licensed Attorney with a Masters in Law. I specialize in all aspect

04/07/2022

What can invalidate a will in South African law?

If you are referring a case to the CCMA - make sure you attend your hearing. Today we represented a company, whose emplo...
30/09/2021

If you are referring a case to the CCMA - make sure you attend your hearing. Today we represented a company, whose employee referred the case to the CCMA, but didn't attend!

The employee was provided a 30 minute grace period, thereafter - the case was thrown out.

Key takeaway: Make note of the set down notification from the CCMA for the date & time of your hearing.

All the best!

Aslam

21/09/2021

PROCEDURAL FAIRNESS AND ITS DUTY EXPLAINED

In South African Labour Law, when an employee is going through a disciplinary hearing or a misconduct allegation, they have a right to procedural fairness. Certain rights like being informed of the date and time of the hearing and the right to defend your case – are provisioned by the Labour Relations Act. All of this and more are covered in our video.

08/09/2021

What's your secret to being productive & getting work done? Mine is having diary system in place. In other words I look at what needs to be done for the week & plan tasks in order of importance & urgency.

Its been working well for me.

After all time is the only true asset.

07/09/2021

In any endeavor that you are pursuing you will encounter obstacles & challenges. Some of these might even be "internal blocks". The key is to remember why you are doing this & to think of the benefit that your work will have on the world. Persist & have faith. You must succeed.

07/09/2021

"Living in the moment"

We often heard this phrase. But what does it mean??

To me it means:

1. Letting go of what you cannot control. Worry will NOT change a thing. So why worry? Let go...

2. Seeing the beauty of what is currently before you (the birds, the sky, nature). Helps me to appreciate all the good there is.

3. Choosing to be at peace. This means not letting things sweat you.

Life is what a person makes of it. Each day we get a new opportunity to make of life what we want it to be.

Have a blast!
Aslam

02/09/2021

Sometimes people can go YEARS without thinking what it is that THEY want. They just end up living life on autopilot. Something like this:

Wake up. Go to work. Take lunch. Come home. Have dinner. Sleep.

Repeat.

Meanwhile life is slowly slipping by.

WHAT DO YOU REALLY WANT??

WHAT GOALS WILL MAKE YOU FEEL MOST ALIVE??

What are you waiting for?

You not getting a second bite at this cherry

To our best life,
Aslam

ALWAYS CHECK YOUR CURRENT EMPLOYMENT CONTRACT BEFORE ACCEPTING A NEW OFFER FROM A COMPETITOR THIS CCMA CASE EXPLAINS WHY...
31/08/2021

ALWAYS CHECK YOUR CURRENT EMPLOYMENT CONTRACT BEFORE ACCEPTING A NEW OFFER FROM A COMPETITOR

THIS CCMA CASE EXPLAINS WHY:

Mr H accepted an offer of employment from Pointer SA (Pty) Ltd.

But his previous employment contract had a restraint of trade clause in it. This is a clause that prevents you from working for another competitor for a period of time.


When he reported for duty he was told that he had not met the conditions of the appointment because he had not supplied the new company with a letter releasing him from his previous restraint of trade. So he was dismissed.

Having resigned from his previous workplace, and now dismissed from the new one, he opened a case at the CCMA.

The CCMA found that Mr H was bound by a 12-month restraint of trade because the new employer was in direct competition with the old employer.

Also Mr H was in possession of confidential information from his previous employer.

Therefore the CCMA concluded that by Mr H signing a new contract with a competitor amounted to misconduct and his dismissal was justified.

However his dismissal was procedurally unfair because the new employer did not give him a hearing before dismissal.

So Mr H was awarded 4 months compensation (R131 484)

Key: Never resign without reading your contract first

30/08/2021

HOW TO PROTECT YOUR BUSINESS IDEA FROM BEING STOLEN:

This video explains the top 3 things you need to know about non-disclosure agreements (this is the agreement you would use).

What is a non-disclosure agreement?

Non-disclosure agreements are used to protect sensitive and confidential information from being made available by the recipient of that information.

Companies and startups use these documents to ensure that their ideas will not be stolen by people they are negotiating with.

Non-disclosure agreements are easily available online - for free.

28/08/2021

No matter the weather ... no matter the economy... no matter the challenges - YOU ALWAYS HAVE THE POWER TO CHOOSE YOUR OUTLOOK FOR THE DAY.

Why not choose to be happy today?

Doesn't require much.

Just a simple active choice.

You could focus on the things you could be grateful for.

You could focus on the things that you could enjoy in this moment.

Life is for the living and happiness is an active choice.

To your best life today!
Aslam

A STRATEGY TO MAKE YOUR CASE MORE CREDIBLE:Good cases have motives - there is a story behind what happened. In other wor...
25/08/2021

A STRATEGY TO MAKE YOUR CASE MORE CREDIBLE:

Good cases have motives - there is a story behind what happened. In other words you are looking for an intention from that person to attack you.

How to find this motive:

Think about -

Why do you think they did this to you?

Is it their insecurity? Controlling behavior? etc

Example:

Your boss is victimizing you. You have emails to show this (this is the evidence).

The motive could be that you and your boss have had conflicts from day 1 and they do not like you and want you out of the company (the motive)

You can use this motive to paint a stronger picture of your case. In other words you would use this motive to give a "logic" for why they behaved the way they did towards you.

This is a good strategy to make your case more credible than the opponent's case.

Good luck!

Aslam

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504 Windermere Road
Durban
4091

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