Chennells Albertyn Attorneys's Monthly Newsletter

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Who Gets the House on Divorce?
Our divorce rate has reportedly surged with all the stresses and strains of the lockdown, and from both a financial and an emotional perspective any married couple contemplating a split (and equally anyone yet to marry), should understand how our law addresses the question of who gets the family house in the event of divorce.

We discuss the importance of the marital regime, the practicalities of changing ownership where necessary, the question of what happens to the bond if the house is mortgaged, and the factors involved if the house is held in a trust or in a company.

We end off with a thought on how to avoid a fight over the house in the first place.
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Can an Employee Who Refuses Vaccination be Fired?
ArticleImage What do you do about an employee who refuses flat out to be vaccinated for COVID-19? Presumably most South Africans can’t wait to join the vaccination queue, but it seems inevitable that a significant minority of people will decline on any one of a variety of grounds – some more reasonable than others.

As an employer what can you do about such a “vaccine skeptic”? Your balancing act here is delicate and a misstep could cost you dearly. Can you be held liable by vaccinated employees or health officials if you allow an unvaccinated employee into the workplace? Can you fire employees who refuse vaccination? What about liability for side effects? There are no clear answers yet, but we point you towards some general legal principles which should help you navigate these treacherous waters. 
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When Company Directors and Shareholders Come to Blows….
ArticleImage In companies both large and small, relationships between shareholders and directors can and do run into difficulty occasionally. When that happens, you have several remedies to choose from in the Companies Act. One of them, “relief from oppressive or prejudicial conduct” is particularly versatile, with courts empowered to order a wide range of remedial action ranging from share transfers to removal of directors, liquidation or business rescue of the company, and much more. 

Indeed, a court may make any order “it deems fit” – but before you get there, you must first prove one of three specified categories of oppressive/prejudicial conduct. To illustrate, we discuss a Supreme Court of Appeal case involving a bitter dispute between a majority shareholder and a dismissed director. 
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Domestic Workers and Employers: The New Injury and Illness Cover Explained
ArticleImage Until now, domestic workers have been denied Compensation Fund cover for workplace injury and illness under COIDA (the Compensation for Occupational Injuries and Diseases Act).

That has now changed, and both employers and domestic employees should understand the extensive cover offered to both employees and their dependents. Employers will now need to register, submit an annual Return of Earnings (ROE), and pay annual tariffs on assessment. Pay particular attention to the correct “Industry Classification” as your assessment payments will rocket if you inadvertently register in a “high-risk” category. 
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Your Website of the Month: Train Your Brain to Unlock Creativity and Innovation
“Creativity is intelligence having fun” (Albert Einstein)

Continually nurturing creativity and innovation in your business is not just a profit driver, for most businesses it’s a matter of survival - there is always a disruptor or two in the wings just waiting for you to stagnate and fall behind. 

But as Dr Srini Pillay (a South African-born, Harvard-trained psychiatrist, brain scientist, technology entrepreneur and musician) points out: “Creativity is not just for artists or people in business. Creativity is for any person who wants to find an unusual way to take their lives to the next level.” Listen to the full article “Train your brain to unlock creativity and innovation” on Maverick Life.


The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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