Clayton Law

01/02/2023

Did you know that in terms of the Consumer Protection Act it is important that businesses set out their contractual terms and conditions in basic, comprehensive language.

Contact us to ensure that all your contracts contain correct wording and will remain enforceable.

03/10/2022

Did you know that social media users should tread with caution and be aware of the potential consequences of what they post.

As social media platforms are open to the public, social media users are potentially liable for the posts, comments, and content shared via their personal and business profiles.

Contact us to find out more.

19/10/2020

Did you know that a recent Labour Court decision has set a high standard for in .

Contact us to find out more.

In the recent judgment of Gold One Limited v Madalani and Others [2020], the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or st...

08/05/2020

Effective 07 May 2020, Minister Dr Nkosazana Dlamini Zuma has allowed for a "once off movement of persons and transportation of goods".

Between 07 May 2020 and 07 June 2020, a person who needs to travel to his or her new place of residence and to transport goods, which are limited to household furniture and effects, is allowed to do so, subject to certain conditions.

This "grace-period" is to allow the movement of persons and goods where new lease agreements were entered into before or during the lockdown, or were the transfer of immovable property occurred before the lockdown period.

Contact us to find out more.

22/04/2020

One unfortunate consequence of the pandemic and an extended is that it may well lead to a spike in couples filing for .

The country may well follow a trend that occurred in China where, after a prolonged , the number of divorces spiked due to a number of factors.

The uncertainty and stress caused by the pandemic, and the effect of being cooped up in close quarters, can lead to an especially inflammatory environment for marital feuding. Being at home for over a month, could cause underling conflicts to surface.

If you are at the beginning of your divorce process, you may be considering representing yourself instead of hiring a , thinking that you will save time and money by doing so.

However, this is often not the case. Family lawyers will be able to advise you and make their case seem more reasonable than you would.

A family lawyer could also suggest options that you might not have considered after evaluating your situation and letting you know the likely outcome if you take your case to court. A lawyer will help you create a reasonable settlement proposal; if the proposal is coming from the other side, your lawyer will let you know whether to settle, make a counter-proposal, or fight it out in court.

Importantly, divorces can be exceptionally emotional and personal. You may experience feelings of sadness, betrayal, fear, depression, rage, confusion, and resignation - all in one day.

It is important to have someone represent you who can remain objective. You can jeopardise your entire case by saying or doing just one thing wrong.

Stay safe and contact us to find out more.

21/04/2020

Under South Africa’s disaster regulations, spreading false information (or ) about with intent to deceive is a crime with up to 6 months’ imprisonment.

Many of us belong to different groups and often post information on these, but may not be aware that spreading false information may be a crime.

In fact, group administrators could also be held liable if they are aware that the information is false. This is because They are regarded as part of the “publication chain” as they are deemed to have control over who is added and what is posted there.

Stay safe and contact us to find out more.

21/04/2020

The Covid-19 pandemic has focused people’s attention on the unfortunate possibility of passing away and the uncertainty of life.

South Africans need to ensure that their affairs are in order and that by having a will, you can select your beneficiaries and have a say in your family's needs. You need not limit your selection to family: you are free to acknowledge people and causes of your choosing.

As a result of , it is likely that the people could either be isolated on their own, or with the beneficiaries to their wills.

It is important to note that beneficiaries cannot sign as witnesses, and that electronic signatures are not valid.

Stay safe and feel free to contact us to find out more on the requirements for a valid will and for any other estate planning questions you might have.

21/04/2020

As a result of the , many people face and there is confusion regarding the two claims that can be made during .

The first type of claim is COVID-19 Temporary Employee / Employer Relief Scheme ( ). This allows an to claim on behalf of an who lost income due to . The employee does not fill in any documents as part of this process.

The second type of claim is called Reduced work time / Short Term Closure benefits. Here the employees claim for themselves when a company shuts down for a certain period or implements reduced working hours / short time / lay offs. The employee will fill in ordinary UIF forms as part of this process.

The differences between the two types of claims are as follows:
TERS:
1) Does not use employees' UIF credits
2) Application is done by employer - no forms completed by employees
3) Ensures that low paid workers get at least the minimum wage for their sector
4) Is likely to be paid out quicker than the normal UIF claims
5) Can be claimed for up to 3 months

Reduced work time / Short Term Closure benefits:
1) Uses the employees' credits
2) Application is done by the employee
3) Claim payouts could be less than the minimum wage for the sector
4) Will probably be paid according to normal UIF turnaround times
5) Can be claimed for up to 12 months

The different claims have different requirements.

Stay safe and contact us to find out more.

21/04/2020

The current pandemic is bringing unprecedented levels of uncertainty. Not only are people worried about their health but also their livelihoods. The reality is that many people face pay-cuts, temporary layoffs or jobs losses.

The knock on effect of this is that people will be worried about being able to pay their domestic worker.

Government has appealed for employers to continue paying workers during , but the reality is that many won’t be able to.

If you cannot afford to keep your domestic worker then you need to have an open discussion with them to explore alternatives.

This could entail taking a or temporary . Here, your employee will be able to claim compensation from the .

Being legally compliant is essential otherwise employers could face disputes.

Put any agreement with your domestic worker in writing and ensure that your UIF payments are up to date.

Stay safe and contact us to find out more.

09/03/2020

Did you know that certain responsibilities are delegated from parents to schools in terms of the principle of ‘in loco parentis’.

This means that teachers must constantly look out for their learners’ best interests and welfare.

The school’s in loco parentis responsibility is extremely serious, and it’s pivotal all parents and school-linked parties are familiar with the legalities involved.

Click on the link in our bio to find out more.

23/01/2020

Did you know that under the Basic Condition of Employment Act ("BCEA"), employees who wish to access the revised parental leave benefits of 10 days per annum are now able to do so with full rights.

A recent amendment to the BCEA brought it in line with the Unemployment Insurance Act where employees were allowed to claim parental leave of up to 10 days.

Under the Basic Condition of Employment Act, employees who wish to access the revised parental leave benefits of 10 days per annum are now able to do so with full rights. These revised benefits, published on 23 December 2019 in Gazette 42925, came into effect on 1 January 2020...

19/09/2019

Employers often lawfully monitor their employee’s communications transmitted over their telecommunication systems.

The basis for this is the Regulation of Interception of Communication and Provision of Communication-Related Information Act 70 of 2002, commonly referred to as 'RICA'.

This might well change after the Gauteng High Court (Pretoria) declared a number of sections of RICA to be unconstitutional and invalid.

For employers monitoring employee communications transmitted over their telecommunication systems, the lawful basis they often use for this is the Regulation of Interception of Communication and Provision of Communication-Related Information Act 70 of 2002, commonly referred to as 'RICA'...