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A valid question indeed

The short answer is it can be, or it could possibly not be.

Poor work performance amounts to incapacity, which is a valid ground of dismissal.

However, a proper procedure has to be followed as well before resorting to dismissal - this includes intervenional proceedings, a hearing, final warning etc.

If there was no procedure of the sort followed, and you were just dismissed for poor work performance straight away, that could strongly be an unfair dismissal.

Stay cognizant

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Common question and good to know -

Whether the basis of cohabitation is same-sex or not, the rules remain the same.

The short answer is NO, you will not be liable for the debts of your partner unless the following is in place:

A cohabitation agreement between you and your partner in which an arrangement regarding assets and liabilities are set out.

In the absence of a cohabitation agreement, it will have to be proven that an explicit or implicit universal partnership exists/existed between the cohabitants in order for the cohabitants to be liable jointly and severally for the partnership debts.

It's always better to set things out in writing so that there's no confusion when it comes to terminating the cohabitation arrangement - chat to us for if you need assistance with drawing up a cohabitation agreement or advice in general

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Not the most common question we've received

But good to know nonetheless

The short answer is YES

A dispute regarding your financial service provider can be escalated to the FAIS Ombud - however the value of your claim/dispute cannot exceed R800 000

If your claim falls outside the jurisdiction of the FAIS Ombud eg. where it's not a claim for damages suffered as a result of your reliance on the advice of a Financial Services Provider, but instead concerns the Financial Services Provider's breach of its governing legislation - such a claim can be reported to the FSCA (Financial Sector Conduct Authority) or the Prudential Authority instead

Too much to comprehend? Don't worry about it, speak to one of our lawyers and they'll simplify the legal advice in a way that makes sense 🙂

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The short answer is yes

If the amount you're lending is actually a credit transaction (for example a transaction where your friend has to repay you in installments) you will have to be registered as a credit provider, regardless of the amount

However, this doesn't apply to credit transactions between family members who are dependent on each other

For a more in depth explanation, speak to one of our lawyers! 😁

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The short answer is yes and no...

Here's what we mean - the law of nuisance comes into play, which means that the question you've gotta be asking yourself is -

Is this sort of nuisance to be expected in the circumstances?

Eg: Circumstances are different from area to area - so, what may be reasonable in the Cape Flats may not be reasonable in Constantia

For more technical advice, speak to our attorneys

www.getlaw.co.za
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