McCarthy Attorneys Inc

2021

Festive Season Closures McCarthy Law

Festive Season Closures

Please note that our offices will be closed from 23 December 2021 and re-open on 4 January 2022.

BONA FIDES AND AFFIDAVITS IN SUMMARY JUDGMENT

Bona Fides And Affidavits In Summary Judgment

This case illustrates the importance of honesty with courts and that while “even a tersely stated defence” may be sufficient, it does not derogate from the fact that our courts do not take dishonesty lightly.

GAZETTING OF LONG-STANDING LABOUR TENANT CLAIMS

Gazetting Of Long-Standing Labour Tenant Claims

The process of processing and finalising the claims has been slow despite a twenty-year time-lapse, and many labour tenancy applications have yet to be finalised. As a result, long-standing labour tenant claims have been Gazetted. Section 17 Notices can thus be expected once again, which will need to be responded to as before.

Depression Dismissal

Depression & Dismissal – A Recent Decision

The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein the Labour Appeal Court (“LAC”) had to decide on whether the employee’s dismissal was automatically unfair and whether he had been unfairly discriminated against on the basis of him suffering from depression.

HOW TO CHOOSE AN EXECUTOR

How To Choose An Executor

No matter how thorough your estate plan is,  choosing the right person to carry out your final wishes is one of the most critical aspects. It can be challenging to pick an organised executor to file paperwork on time who is also diplomatic enough to handle potentially volatile family relationships.

Will Banner

Have You Updated Your Will Lately?

A startling statistic is that more than 70% of South Africans don’t have a will. This is very disturbing because when someone dies without a valid will, it’s called dying intestate. This leaves the distribution of their assets and belongings up to a judge and South African law.

PAIA MANUALS – WHAT YOU NEED TO KNOW

PAIA Manuals – What You Need To Know

It is also crucial to note that substantial provisions contained in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”) have been incorporated into PAIA, including the submission of reports to the Information Regulator as may be prescribed. Find out more.

WHAT TO DO ABOUT INCAPACITY OR ILL HEALTH OF AN EMPLOYEE

COVID Policies and Dismissal

A question that has been circulating since the beginning of the pandemic is whether you can be dismissed for not complying with your workplace COVID-19 policies. In short, the answer is “yes”.