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//B Lubbe & Associates

Fired for Off-Duty CBD Oil Use and Cannabis Smoking

26 Jul 2022
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“… the [employer], in light of its dangerous environment, is entitled to discipline and dismiss any employee who uses cannabis or is under the influence whilst at work in contravention of its policy. Unfortunately, the Constitutional Court judgement does not offer any protection...

Website of the Month: Solar Power and the Insurance Risk

26 Jul 2022
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With our loadshedding woes unlikely to go anywhere soon, more and more property owners are looking to solar power as an alternative to relying on Eskom. Just be careful that you don’t fall foul of your insurers in the process. “Rules homeowners should know before installing solar...

Buying and Selling Property: Who Pays What Costs?

27 Jun 2022
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“Risk comes from not knowing what you’re doing” (Warren Buffett) Don’t risk not knowing what you’re doing when you either sell or buy property. Avoid nasty shocks by budgeting properly for the costs you will incur – some of them can be substantial, and some are less obvious than...

Trusts on Divorce: Are You Stuck with an Ex-Spouse as Trustee?

27 Jun 2022
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“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and structure of each...

Bodies Corporate: Forcing Access to Units, and Round Robin Resolutions

27 Jun 2022
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Owning your own property comes with a raft of benefits, including a general right to privacy and control over who can access your property and who can’t. But of course there are exceptions. And apart from the obvious ones, a recent High Court judgment highlights one that is...

Verbal Agreements – Not Much Good, But Lots of Bad and Ugly

27 Jun 2022
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“The Good, The Bad, and The Ugly” (Spaghetti Western, 1966) A common myth – one that can get you into a whole lot of trouble if you aren’t alive to it – is that verbal contracts are not legally enforceable in South Africa. The opposite is true. With very few exceptions, our...

Website of the Month: Don’t Let Hybrid Work Break Your Company Culture!

27 Jun 2022
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As pandemic restrictions ease around the world, many businesses forced by lockdown to “go remote” are torn between returning to office and keeping everyone working remotely. An increasing number are opting for one or other hybrid model, which can come with major benefits but also...

The “Great Resignation” is Upon Us – Know the Law!

26 May 2022
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“Signs of the “Great Resignation” are rippling across South Africa” (Business Insider report, 22 April 2022) The global pandemic-induced “Great Resignation” trend is upon us, and both employers and employees need to be aware of how our law views the whole question of...

Landlords: Zoning Law Contravention Could Invalidate Your Lease

26 May 2022
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“…it is a general rule that a contract impliedly prohibited by statute is void and unenforceable…” (extract from judgment below) Here’s yet another warning from our courts of the importance of complying with your local municipal zoning laws, whether you buy property to live in,...

New Ruling on Divorce Assets: How Does it Affect You?

26 May 2022
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“…the inequality at hand is caused when, after the conclusion of the marriage, a distortion is caused by the fact that one spouse contributes directly or indirectly to the other’s maintenance or the increase of the other’s estate without any quid pro quo.” (Extract...
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