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Blog & Articles

Hammond Pole Attorneys – Serious about service
Hammond Pole Attorneys > Blog & Articles (Page 8)
23 May
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Unfairly dismissed? Five steps to take when dealing with the CCMA

Posted by Hammond Pole
in Labour Law

Blog article by Tania Jones  Unfair dismissal is the termination of employment without substantive reasons existing and/or a fair procedure being followed - such as a disciplinary hearing - or both.   If you feel that you have been unfairly dismissed, you may want to report the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA), an organisation with specially trained staff, to assist employees and employers with labour disputes.   While it is never wise to ‘burn bridges’ with your employer, it is sometimes unavoidable, and you are within your rights to lodge a dispute with the CCMA if you feel it is...

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10 May
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Pains and gains of buying a house: A nightmare scenario

Posted by Hammond Pole
in Legal Advice, Property Law

Buying a new home is an exciting, if not daunting, experience, but excitement can quickly turn into disappointment if certain defects of your new home become apparent after you move in. When your dream home becomes a nightmare, what can you do? Legal expert from Hammond Pole, Michelle Orsmond, looks at this nightmare scenario and shares her advice on how to deal with it.  Scenario  You bought a house, and a certificate of compliance (CoC) was provided. However, after moving into the house, you discover that the gas geyser is not working, and there are other issues, including a leaking roof. How...

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06 April
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How recent judgements are making it easier to claim maintenance

Posted by Hammond Pole
in Divorce Law, Hammond Pole Blog

A blog article by Tania Jones (previously Abbotts)  It’s not often that a legal argument about maintenance reaches the Supreme Court of Appeal in South Africa. This is partly because most Magistrates’ Courts have their own maintenance division with court officials who are specially trained in maintenance law. They first attempt to reach a settlement between the parties and when they are not successful, the matter is then referred to the Maintenance Court. The Magistrate then considers evidence from both sides to make a ruling. While this process sounds easy, the reality is more complex and often takes over three to...

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17 March
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How the new Property Practitioners Act (PPA) affects you

Posted by Hammond Pole
in Property Law
Property Practitioners Act

The Property Practitioners Act (PPA) officially came into effect on 1 February 2022. It’s an important piece of legislation designed to protect consumers in the property industry. Here’s everything you need to know about the PPA:   In a nutshell, what is the Property Practitioners Act (PPA) all about?  The legislation is a continuation of the former Estate Agencies Affairs Act and the Estate Agent Fidelity Fund. It touches on transformation in the property sector and the regulation of estate agents, also known as property practitioners.    Who counts as a property practitioner?   The new law goes beyond traditional estate agents and includes managing agents, property developers,...

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08 March
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Your rights as a woman in the workplace

Posted by Hammond Pole
in Know The Law, Labour Law, Legal Advice
IWD Blog

To mark International Women's Day, it’s worth celebrating that South Africa has one of the most progressive Constitutions in the world. Our Constitution enshrines equality, dignity and the right not to be discriminated against based on one’s gender or race.  These important principles are also carried out in specific legislation such as The Employment Equity Act (EEA), The Labour Relations Act (LRA) and The Basic Conditions of Employment Act (BCEA).     The Labour Relations Act, Pregnancy, and Maternity Leave  The LRA stipulates that a dismissal is automatically unfair if an employee is dismissed because of any reason due to her pregnancy (whether she...

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28 February
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Everything you need to know about the new national minimum wage

Posted by Hammond Pole
in Labour Law
minimum wage

The Minister of Employment and Labour, Thulas Nxesi announced that effective from 1 March 2022 the National Minimum Wage (“NMW”) will be increased by 6.9% compared to the previous period which had an increase of only 4.29%. This means that as from 1 March 2022, workers will earn R 23.19 instead of R21.69 for each ordinary hour of work. To comply with the NMW, a domestic worker would have to earn a minimum daily rate of R 208.71 in comparison to the previous year where the daily minimum rate was R 195.21. In total, this equates to a monthly difference of...

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25 February
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Understanding Children’s Best Interests in Divorce

Posted by Hammond Pole
in Divorce Law

Divorce can be complex - Keep it simple and focused on the child Marriages can be complex as there are various components that go into it. The relationship itself has its own history, the partners have their own personalities, together with all external stresses and pressures that life throws at the couple. Should a marital relationship come to an end, and the parties decide to get a divorce, then the divorce is muddied with the emotions that go with all the above. I have seen time and time again how children are used as a pawn in the process. Whether it is...

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15 February
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Fraud in the property market – Everything you should know

Posted by Hammond Pole
in Property Law

The property market remains an attractive investment option for many, and while interest rates remain relatively low, more first-time buyers are finally stepping onto the property ladder. With substantial sums of money on the line, the property market is both an attractive investment option and a target for fraudsters and scam artists. Knowing how criminals operate and the anatomy of common scams is the first line of defense in not falling prey to a con. CYBER FRAUD IN THE PROPERTY MARKET THE SCAM: The most common type of criminal activity in the property sector occurs by way of electronic email interception or cyber fraud...

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31 January
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Donating Property – Know The Law

Posted by Hammond Pole
in Property Law
donating property blog

When deciding about donating property to a family member, it is important to take into account the financial implications as well as understanding the transaction at hand. What classifies as a property donation? Let’s first understand the definition of a donation. This is any gratuitous disposal of property including any gratuitous waiver or renunciation of a right. There needs to be an offer to donate, by the person giving the donation (the donor). The offer will then need to be accepted by the person receiving the donation (the donee). The agreement for a donation must be in writing (when it relates to...

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19 January
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Facing a Financial Emergency – Now what?

Posted by Hammond Pole
in Know The Law, Legal Advice
facing a financial emergency

5 Steps to get you out of a Financial Emergency For most of us it might be inevitable to find ourselves in a financial emergency at some stage of our life. Any unexpected situation can easily lead to you feeling both blindsided and vulnerable - from a job loss to any unplanned expense such as medical, car/home repairs, or even a change in your general financial situation. The reality remains that during these emergencies there is still a financial obligation in terms of your basic needs and your creditors. Here are a few steps you can take to manage the crisis while reducing...

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