“Agree, for the Law is costly”: Use the New Mediation Rules

“Agree, for the Law is costly”: Use the New Mediation Rules

Legal
“Agree, for the law is costly” (old proverb) Our justice system has just taken an exciting new step towards broadening access to justice. From 1 December a new “court-annexed” mediation procedure will be available (piloting initially in Gauteng and North West) to help resolve disputes without the high costs, delays and hostilities often associated with litigation. (more…)
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Are you about to forfeit your annual leave?

Legal
The Basic Conditions of Employment Act (BCEA) sets a minimum of 15 annual days’ leave, and provides that this leave must be taken within 6 months of the end of your annual leave cycle. Clearly this is to encourage you to follow the healthy route of taking your leave regularly rather than accumulating it by working without a break for years on end. Until recently however there have been conflicting court decisions as to whether or not such leave is automatically forfeited if not taken within the 6 month period. (more…)
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Developers: Register or Regret

Developers: Register or Regret

Legal
Residential property developers need to note the recent Constitutional Court judgment confirming that you must register with the NHBRC (National Home Builder’s Registration Council) before you conclude a building contract or commence building – if you don’t (or if you register late) you cannot enforce payment.  In fact you commit a criminal offence just by accepting any payment. It is not enough that whichever building contractor/s you use to do the actual construction is/are registered – bothyou as developer and your contractor/s must be registered. [ad name="goldschmidt inline post"] Don’t get this wrong! The developer in question only registered with the NHBRC after the contract was concluded and building had started (in fact, only after it had applied to the High Court to enforce an arbitration award in its favour).…
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