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January 2022 NEWSLETTER
Can Your Tenant Claim a Lockdown Rental Remission?

Amongst the pandemic’s many economic victims are the restaurants, hotels and other venues closed or partially closed by lockdown regulations. Unable to trade, many have asked their landlords for rental relief. Others have claimed a legal entitlement to remission of rentals, citing “supervening impossibility of performance”.

Commercial landlords and their tenants both need to understand their respective rights and obligations when a disaster of this nature strikes. A recent High Court judgment, in which a high-profile steakhouse restaurant was sued for almost R3m in arrear rental after being forced to close its doors during the “hard lockdown”, and to restrict itself to limited trading thereafter, provides valuable pointers on how our courts are likely to approach these matters. Take particular note of the Court’s practical advice to commercial landlords and tenants…

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Directors at War: Terminating Email Access
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When company directors fall out, a “no holds barred” campaign of attack and counterattack can quickly develop.

One tactic, likely to be very effective in at least the short term, would be to terminate a director’s access to company email and to the server. That will leave the director so deprived scrambling to either settle the dispute or to find a way in law to regain access as a matter of urgency.

A recent High Court case, in which a director in that very position asked for a “spoliation order” to restore his email access immediately, illustrates the challenges involved…

   
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Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs
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If you are not the breadwinner in a marriage, one of the daunting prospects of applying for a divorce will no doubt be the worry of how to support yourself (and your children if you have any) whilst the matter winds its way through the court system. Plus, how will you be able to pay for legal assistance?

Our law comes to your rescue here, providing a relatively quick and simple remedy in the form of an “interim relief” order against your spouse for both maintenance and a contribution to your legal costs.

We discuss the principles involved with reference to a “coy about his wealth” spouse ordered by the High Court to “pay up – now!” 

   
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A Victim of Sexual Harassment Must Report It “Immediately”
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Would-be workplace sex pests should remember that our courts are unwavering in their support for victims of sexual harassment. When it happens in the workplace, victims can seek redress not only from the perpetrators themselves, but also from their employer in appropriate cases.  

Victims must however report any incident to their employer, without delay and using the correct procedures. 

Failure to do so can be fatal to the victim’s claim, as we shall see in the context of a recent Labour Court case where a female employee, who had been subjected to harassment by two of her senior colleagues, delayed (for two and three years respectively) before reporting them to her employer.   

   
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Your Website of the Month: How to Cope with Pandemic Stress as A Small Business Owner
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Being an entrepreneur can be hugely rewarding, but it comes with a level of stress at the best of times, now magnified many times over by the pandemic’s uncertainties and disruptions.

Of course stress can be good for us, but only up to a point. “Bad stress” won’t just damage your ability to run your business, it puts your mental and physical health at severe risk.

So whatever else you do this year, make sure that coping with stress is high on your agenda – very high. Get 2022 off to a great start with these stress-coping mechanisms from a team of clinical psychologists on Stuff.

   








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Have a Healthy, 
Happy and Successful 
2022!
   

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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