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January 2021 NEWSLETTER
Building a Home in 2021: The Dangers of Not Being NHBRC Compliant
2021 and its “work anywhere, live anywhere” new normal could be a great time to build a house – perhaps a new home to live/work in, perhaps a house for investment or holidays.

Regardless, both building contractors and their landowning clients need to understand how vital it is to comply with the Housing Consumers Protection Measures Act. Is registration of the contractor with the NHBRC (National Home Builders Registration Council) enough? What happens if you fail to comply?

We address those questions with reference to a recent High Court case in which, for want of strict compliance, a builder lost its claim to payment for building a house.
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Workplace Bullying - Can You Claim Constructive Dismissal?
ArticleImage Both employers and employees should understand what “constructive dismissal” is all about. 

We discuss what it means, how it works in practice, and the three things that must be proved for a claim to succeed, by looking at a recent Labour Court matter in which two special needs teachers resigned from their jobs but then asked the CCMA to declare that they had been unfairly dismissed.

It is both a sad tale of workplace bullying and an instructive look at when employees should “exhaust all internal remedies” and avoid “working their notice”. 
   
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Don’t Fall Victim to a Ponzi Scheme in 2021!
ArticleImage The lure of “easy money” is particularly attractive in times of economic upheaval and financial turmoil, and the criminals behind Ponzi and pyramid schemes are doubtless eying this year with happy anticipation.

We share some thoughts on why these scamsters are so successful at conning even the best of us, a useful infographic on some of the main “red flags” to watch out for, and ideas on warning others (including your staff if you are an employer) of the dangers and how to avoid them.

Don’t be a victim in 2021!
   
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Life Partners – You Still Need a Will and a Cohabitation Agreement!
ArticleImage There has been much media coverage of a recent High Court decision, rightly hailed as a major victory for the rights of opposite-sex life partners. In a nutshell, after the one partner died “intestate”, the Court ruled that the other partner was entitled to share in the estate as though there had been a marriage in place. In doing so it declared sections of the Intestate Succession Act and the Maintenance of Surviving Spouses Act to be unconstitutional, and the Constitutional Court will presumably confirm these declarations.

That does not mean however that life partners should neglect to have their wills in place, nor that they should live together without a “cohabitation agreement”. We discuss why both are essential documents, regardless of the recent Court ruling.
   
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Your Website of the Month: Starting a Business in 2021
ArticleImage Whether 2020’s lockdown gave you a great idea for a new business, put you out of a job, or killed your old business, 2021 may well be a year full of new opportunities. If the excitement and rewards of entrepreneurial life appeal to you, have a look at “Starting a Business” on the Small Business Site here for checklists and articles like –
  • “#20Lessons20Years”, 

  • “Small business compliance guide”,

  • “Where can I register my company in South Africa”, and so on.
Your first port of call however should always be your lawyer – not only are there important legal requirements to consider before you start up, but you need to choose the right vehicle and structure for your business (sole trader, partnership, company, trust etc) upfront.
   








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“Have a Healthy, 
Happy and Successful 
2021!”

   

Disclaimer

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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