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Filter: Dispute resolution

15 September 2019

How to get a protection order against your harassing ex

I have an ex who is harassing me in person and on ...

September 2019

How to get a protection order against your harassing ex

I have an ex who is harassing me in person and on social media after we broke up a few weeks ago. The more I make it clear to him that we are done the more aggressive he gets and the uglier comments he makes on social media. I’m really scared to go out and run into him and I am so ashamed of everything he is saying on social media. I want him to stop, but I don’t have the money to go and see a lawyer. Can you tell me what to do?

15 September 2019

What is the impact of an immediate resignation on pending disciplinary procedures?

We’re investigating a number of employees in...

September 2019

What is the impact of an immediate resignation on pending disciplinary procedures?

We’re investigating a number of employees in our company over the last few months and identified serious transgressions warranting disciplinary action. We instructed human resources to issue disciplinary notices to the relevant employees, following receipt of which three of the employees resigned with immediate effect. Despite their resignations, can or should we still proceed with disciplinary action against these employees now that they have resigned?

14 August 2019

Can I ignore the notice of demand if delivered at the wrong address?

I signed a personal guarantee for my company with ...

August 2019

Can I ignore the notice of demand if delivered at the wrong address?

I signed a personal guarantee for my company with a credit provider. The company has defaulted on payments and the credit provider now sent me a notice demanding payment under the guarantee. However, they sent it to the company office and not to my domicile address as contained in the guarantee agreement. Does this mean that the demand is not valid as it was not sent to the right address?

14 July 2019

Can you be arrested at a roadblock for outstanding traffic fines?

On my way on holiday the traffic police had a big ...

July 2019

Can you be arrested at a roadblock for outstanding traffic fines?

On my way on holiday the traffic police had a big roadblock where they appeared to be arresting people. I asked one of the traffic officers what was going on and he said they were arresting people for outstanding traffic fines. I pay my fines, so I have little sympathy for people that don’t, but I was still wondering what happens if you were to get arrested at such a roadblock and what you should do?

14 July 2019

The Labour Court or business rescue – who gets priority?

Myself and other co-workers have not received any ...

July 2019

The Labour Court or business rescue – who gets priority?

Myself and other co-workers have not received any salary for the last three months. Our employer has informed us salaries will not be paid as a moratorium has been placed on the company because it is under business rescue. Surely our employment rights are being infringed. Can we not take the employer to the CCMA to force the employer to have to pay our salaries?

14 July 2019

How to get rid of a delinquent director in your business

My brother, sister and I are the directors of our ...

July 2019

How to get rid of a delinquent director in your business

My brother, sister and I are the directors of our family company. My brother has never been one to live frugally and is continually spending the company’s funds and using company property for his personal benefit. It’s gotten so bad lately that we may lose the company if my sister and I don’t put a stop to it. We’ve discussed it with him, but all he says is that he is also a director and entitled to do what he is doing. What can we do to stop him?

14 July 2019

To Court or to the Community Ombud?

I made some minor amendments to the outside of my ...

July 2019

To Court or to the Community Ombud?

I made some minor amendments to the outside of my sectional title unit without the consent of the Body Corporate because I wasn’t aware that I needed to get their consent. They have now informed me that if I don’t remove the amendments they will take me to court. I really feel that we can discuss the amendments as they were rather minor but the Body Corporate flatly refuses to even have a discussion and I don’t have money to go fight the issue in court. What options do I have?

07 June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beau...

June 2019

Can I institute legal action on behalf of my body corporate?

I live in a sectional title that used to have beautiful common property areas. The last year or two though, owners have been causing damage to these garden areas and walkways and the body corporate is doing nothing to stop it. Can I take legal action against the owners that are causing the damage or can only the body corporate do something?

07 June 2019

Should you kiss your money goodbye if you are not registered as a credit provider?

I lent a relatively large amount to an ex-business...

June 2019

Should you kiss your money goodbye if you are not registered as a credit provider?

I lent a relatively large amount to an ex-business partner of mine to help him out of some financial trouble. When I asked him to start paying the loan and interest back as per our loan agreement he told me that because I was not a registered credit provider, the loan agreement was invalid and I couldn’t claim my money back from him. Surely he can’t get of scott-free just because I was not aware that I needed to register?

07 June 2019

Employers have to be tolerant of religious practices of employees

My employer is requiring me to work over weekends ...

June 2019

Employers have to be tolerant of religious practices of employees

My employer is requiring me to work over weekends as part of my new manager responsibilities. Although I have no problem with working extra hours, the work often clashes with my religious observances over the weekend. I’ve discussed this with my employer, but my employer is threatening to take my manager position away if I don’t work continuously over the weekend. What can I do?

11 April 2019

What to do when a business opens next door to your house

Our house is situated in what used to be a quiet r...

April 2019

What to do when a business opens next door to your house

Our house is situated in what used to be a quiet residential suburb. Lately though, more and more businesses have started opening up around us with houses being converted into business offices. This has ruined our quiet neighbourhood and resulted in more traffic and other problems in our neighbourhood. Surely businesses cannot just open up offices in a residential area? Is there anything we can do?

11 April 2019

New developments with precautionary suspensions

I have a suspicion that one of my branch managers ...

April 2019

New developments with precautionary suspensions

I have a suspicion that one of my branch managers is busy stealing stock and cooking the books. The numbers just don’t add up. I want to suspend him to allow a full investigation to be done, but don’t want to give him a heads-up so he can hide evidence. Can I suspend him immediately without giving him a chance to provide reasons so I can ensure that he leaves the premises? Please advise.

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