South Africa faces a persistent challenge in the form of illegal hunting with dogs. In the legal battle against this issue, several statutes come into play, each contributing to a comprehensive framework to eradicate illegal hunting…
Combatting Illegal Hunting with Dogs Read More »
In the intricate landscape of employment law, employers often grapple with whether or not to dismiss an employee. Two primary grounds for dismissal, incapacity and misconduct, stand out, each requiring a distinct approach and understanding.
Navigating Employment Dismissals: Understanding Incapacity Vs Misconduct Read More »
A Fixed Term Employment Contract has a specific time period, with dates known to the employee. A Fixed Purpose Employment Contract is used when an employer wishes to employ someone for a specific purpose, and it is difficult to determine how long it will take the employee to complete the project or task.
Fixed Term And Fixed Purpose Employment Contracts Read More »
Appearing at the CCMA can be stressful. Proper preparation can alleviate a lot of that stress. Preparing comprehensive Heads of Argument is part of that preparation. Heads of Argument are used to save time and trouble by directing the CCMA Commissioner’s attention to the appropriate and relevant portions of the record so that a proper analysis of the issues can occur.
Heads of Argument are a compilation of the significant points and the reasoning process of one’s argument. Heads of Argument are used to save time and trouble by directing the CCMA Commissioner’s attention to the appropriate and relevant portions of the record so that a proper analysis of the issues can occur. It also helps the Commissioner to deliver an award expeditiously.
The purpose of Heads of Argument is to deliver a persuasive argument to the Commissioner to rule in one’s favour. It helps the Commissioner to understand what one is addressing and what one needs to prove to be successful.
Heads of Argument:
present the relevant points or arguments relied on in a manner that is concise and easy to understand; and
provide a summary of the evidence to be presented and advance submissions concerning it; and
deal with legislation, case law, and past judgments pertinent to the case at hand; and
contain the necessary documentary evidence (such as photographs, minutes, notices, transcripts, etc.) as Annexures. This is particularly important as all the required documents will be centralised and easily accessible.
The Commissioner may want time to consider both arguments and will draft a written award at a later stage. In these instances, Heads of Argument serve as a reminder of one’s argument. It is, therefore, imperative that the Heads of Argument are detailed, contain all the necessary documents, and will provide the Commissioner with all the pertinent points of your case.
It is advisable to seek legal assistance with drafting Heads of Argument in a CCMA matter to ensure that it contains all the necessary information and is prepared following the Rules and the Practice and Procedure Manual of the CCMA.
Presenting Evidence In CCMA Matters: The Benefits Of Comprehensive Heads Of Argument Read More »
When this is necessary, the employer needs to ensure that they prepare themselves to be ready to go before the commissioner to present their case.
Employers Preparing for the CCMA Read More »
We have become increasingly aware of instances of employees (or ex-employees) and /or occupiers building without permission of the landowner.
Building Without Authority Read More »
All landowners, including farmers and owners of lifestyle properties, who live outside urban areas, are subject to the Extension of Security of Tenure Act (ESTA). Therefore, all employees, including farm workers and domestics, who reside on these properties, are afforded the protection of ESTA. Thus, those employees who are accommodated on the property may not be evicted from the property without a court order.
Problems and Solutions for Employee Accommodation Read More »
The South African National Minimum Wage will be adjusted from 1 March 2022. The increase for domestic workers will be 21.5%.
The National Minimum Wage Increased By 21.5% For Domestic Workers For 2022/2023 Read More »
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.
How To Choose An Executor Read More »
With the one-year grace period for ensuring compliance with the Protection of Personal Information Act No. 4 of 2013 (POPIA) coming to an end on the 1st July 2021, time is running out to become POPIA compliant.
