Tag ArchivesSchoemanlaw Inc Attorneys
Contracts

CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Collection of tuition fees

The law of evidence, careful treatment is pivotal to the outcome of a case

Introduction   One of the critical functions of legal practitioners is to construct court papers (i.e. pleadings etc) in a professional manner, setting out the case they represent. Once this is done to critically assess evidence and to make the necessary amendments, if possible before pleadings close. Another is to consult with witnesses and clients […]

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Copyright Amendment Bill

Key Changes introduced by the Copyright Amendment Bill

On Thursday 28 March 2019, The National Council of Provinces voted to pass the Copyright Amendment Bill (“the Bill”) and the President must now sign it into law. The commencement date has yet to be published in the Government Gazette. According to the Spokesperson for the Coalition for Effective Copyright in South Africa, Collen Dlamini, […]

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Probation

Probation

Introduction When an Employer considers hiring a new Employee, the Employer will always be concerned if the said Employee will be the right fit for the business. To help gain peace of mind, a period of Probation can be utilised to legally ‘test the waters.’ Probation can be best described as a trial period during […]

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So, you owe the taxman?! For how long can you be held liable?

Introduction One of life’s few certainties is the payment of taxes. Bearing that in mind, we should ensure that we never find ourselves in a predicament to have an outstanding account with the taxman in the first place, which of course, is sound advice. In cases of liquidation, we know that the South African Revenue […]

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