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//B Lubbe & Associates

Companies: Are Restraints of Trade Valid in a Time of Covid?

25 Apr 2021
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“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and cope with the health and economic...

Extended: The Rights of Grieving Parents to Choose Burial After Pregnancy Loss

25 Apr 2021
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Expectant parents who lose a pregnancy before 26 weeks (the age set by the Births and Deaths Registration Act (BADRA) in its definition of “still-born”) have until now had no right to bury their foetus, which had to be incinerated as “medical waste”. That has changed with a...

Your Website of the Month: Protecting Yourself and Your Business in Flu Season 2021

25 Apr 2021
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Flu season is upon us again, and it is not to be underestimated with between 7,000 and 12,000 flu-related deaths historically reported in South Africa every season. Whether or not this year’s lockdown precautions will reduce infection levels to the same extent that they did last...

Who Gets the House on Divorce?

29 Mar 2021
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“I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For...

Can an Employee Who Refuses Vaccination be Fired?

29 Mar 2021
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“This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General) Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant...

When Company Directors and Shareholders Come to Blows….

29 Mar 2021
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“…the mere exercise of majority shareholding voting rights does not amount to oppression…” (extract from judgment below) What happens when a company’s directors and shareholders fall out and cannot reconcile their differences?  “Relief from oppressive or prejudicial conduct”...

Domestic Workers and Employers: The New Injury and Illness Cover Explained

29 Mar 2021
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“Domestic employees” are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA) and will now be entitled for compensation from the Compensation Fund in the event they are injured or contract diseases while on duty. The new benefits Note: The...

Your Website of the Month: Train Your Brain to Unlock Creativity and Innovation

29 Mar 2021
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“Creativity is intelligence having fun” (Albert Einstein) Continually nurturing creativity and innovation in your business is not just a profit driver, for most businesses it’s a matter of survival – there is always a disruptor or two in the wings just waiting for you to...

Buying and Selling Property: Nine Important Questions

24 Feb 2021
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“Owning a home is a keystone of wealth… both financial affluence and emotional security” (Personal Finance Expert Suze Orman) When you buy or sell your “Home Sweet Home”, particularly for the first time, the process can seem complicated, the terminology confusing, and the risks...

Can Employees Resign to Dodge Disciplinary Hearings?

24 Feb 2021
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“…an employee who gives short notice in violation of the contract … may be obliged to serve out the notice period” (Quoted in the judgment below) It’s an age-old workplace dodge – threatened with a disciplinary hearing and fearing a guilty verdict, an employee resigns with...
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