Tag: misrepresentation
An in-depth look at the voetstoots clause and property condition reports
Property is the largest investment most people will ever make and there are reams of legal and financial documents peppered with terminology throughout the lengthy process which all need to be understood and navigated, not least the condition report and how it pertains to the voetstoots clause.
Consequences of employees misrepresenting their qualifications
Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.
BOOK REVIEW | Good Jew, Bad Jew
Political theorist Steven Friedman addresses how and why the current language around anti-Semitism in Israel has been distorted and weaponised to serve the political objectives of the Israeli state. Friedman’s critique examines what this implies for the fight against racism in South Africa and India, and in other parts of the world.
Beware cancelling concluded employment contracts
The courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet started work. For example, in the case of Wyeth SA (Pty) Ltd vs Manqele (People Dynamics, September 2003 page 39). Manqele was offered a position by the employer as a sales rep.
Rise in unnatural death insurance claims – how do these claims...
There have been reports regarding the rise of non-indemnity claims stemming from unnatural deaths. This is certainly worrying for life insurers. This is particularly concerning because life insurers have had to entertain several claims in the past couple of years due to COVID-19 related deaths, and subsequently, the July 2021 unrest and the 2022 Durban floods.
The downfall of crafty taxpayers who hide income and rely on...
All taxpayers should arrange their tax affairs to obtain the best advantage and to pay the least amount of tax. This is a right every taxpayer possesses, and well entrenched in South African and international tax law. However, this planning must be done within the constraints of what the law allows.
Likely impact of the recent spring tide on insurance policies
The news that dominated the headlines during the weekend of 15 – 17 September 2023, was the storm surge incidents that swept across three coastal provinces – the Western Cape, Eastern Cape, and KwaZulu-Natal. Mainstream media and social media alike were abuzz with the news. Since then, videos depicting the storm surges have been circulating across various media platforms.
Honesty and truthfulness – can the Corporate Governance Framework® help?
Authentic leaders embrace honesty and truthfulness as core principles of their leadership style. They strive to build trust, inspire their teams and foster an environment of openness and integrity. This approach appears to be cut-and-dried. However, in reality, being honest and truthful can be rather tricky.
You lied on your CV, now pay back your salary
Hiring employees who misrepresent their qualifications can be a costly mistake for employers. Not only does it damage the reputation of the company, but it can also lead to a loss of productivity and profits. Fortunately, employers have legal recourse when an employee has misrepresented their qualifications during the hiring process, including claiming back remuneration.
Dirty hands will be caned at CCMA
In common law employers and employees have the obligation to treat each other fairly and within the law.