Sukdeo Attorneys

12/07/2024

Private Arbitration

09/07/2024

ADR UBUNTU

07/08/2023

24/07/2022

10/12/2021

Labour Dispute Resolution

Internally if an employee is unhappy about something at the work place it must be taken up with the management first. If there is a grievance procedure this must be followed. Generally workers will be assisted by their trade union representatives during this process.

There are also work place forums that may be set up in a work place, which is a group of workers who are elected by their co-workers to represent their interest. Employers are obliged to discuss any issue with the forum before coming to a decision.

The CCMA is a statutory body that deals with labour issues and exists separately from the Department of Labour. Parties can reconcile, mediate or conciliate their issues amongst others at the CCMA .

Although it is at no cost the CCMA may charge fees on disputes where a collective agreement is not properly followed or functional, or if somebody deliberately obstructs the dispute resolution process.

It can decide on matters that fall under the Labour Relations Act and the Employment Equity Act. Amongst the issues it can deal with are issues about trade union activities, dismissals, unfair labour practice, unfair conduct regarding promotion, demotion, training benefit and or unfair discriminations.

In certain circumstances certain disputes may not be limited to the above Acts. The CCMA website is an extremely helpful tool and sets out the procedure and timelines one should follow in referring a matters to the CCMA. We advise public members who wish to pursue a matter without an attorney involved to visit the site and familiarize yourself with the content before you proceed with a matter.

Finally the Labour Court was established to deal with labour-related matters and has the status of the High Court. The Labour Appeal court can hear an appeal from the Labour Court.

23/10/2021

Parental Rights and Obligations

11/07/2021

Would the Master's Offices accept a deceased will if it is not valid?

As a point of departure a "will" must comply with all the formalities required in terms of the Wills Act. However there are exceptions to the general rule.

All testamentary documents must be submitted to the Master upon death of the deceased. This would also include wills that are revoked as there may well be issues with the new will executed by the deceased prior to death. Wills that do not comply with the formalities of the Wills Act must also be submitted.

Note that stealing, willfully destroying or concealing a testamentary document could land you in prison or liable for a fine as a result.

Once the Master has received the document it will register the will in the register of estates. If the will is invalid the Master will still register it, but would reject the will unless the party so claiming its validity can approach a court to obtain an order declaring the will valid,this is in terms of section 2(3) of the Wills Act and is considered a saving provision.

If a reasonable amount of time has passed and the Master does not receive any order by such person the estate process would continue as if the will is not valid subject to any party disputing the process at any later stage. For more information please contact our offices