Eviction

Eviction

Eviction

For any landlord, non-payment of rental by tenants and their subsequent eviction can be an extremely stressful experience, particularly when the landlord depends on that rental for the landlord’s living expenses. At Fourie Stott, our goal is to ensure that this process is as streamlined and cost-effective as possible. We can assist and advise you from the outset to ensure that your lease agreement is clear, and can be effectively enforced and cancelled if necessary in the event that your tenant does breach the agreement. We are further experienced in and able to advise on all aspects of residential eviction proceedings in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act. (“PIE”), as well as commercial eviction proceedings.

Please contact Chris Salmon on 031 266 2530 or chris@fouriestott.co.za.

 

New Leave Entitlements For Employees

New Leave Entitlements For Employees

New Leave Entitlements For Employees

Until recently, fathers and adoptive parents were largely prejudiced by labour laws which did not provide them with any rights of leave on the birth or adoption of their child. The same is true for those who entered into surrogacy motherhood agreements.  At the most, these parents could make use of the 3 days family responsibility leave provided for in the Basic Conditions of Employment Act. The Labour Laws Amendment Act 10 of 2018, which came into effect on 1 January 2020, overcomes this prejudice by introducing three new leave entitlements for employees:

1. Parental Leave

An employee who is the parent of a child is entitled to 10 consecutive days of unpaid parental leave.  This leave can be taken from the day on which the child is born, or on the date on which an adoption order is granted or on the date the child is placed in the care of the prospective adoptive parent (if the adoption is still pending).

2. Adoption Leave

A parent who adopts a child under the age of 2, will be entitled to 10 consecutive weeks of unpaid adoption leave.  This leave can be taken from the date on which the adoption order is granted, or on the date that the child is placed in the care of the prospective adoptive parent/s pending finalisation of the adoption.  Where an adoption order or a prospective adoption order is pending in respect of two parents, then the one parent would be entitled to the 10 weeks adoption leave and the other parent would be entitled to the 10 days parental leave.

3. Commissioning Parental Leave

An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to 10 consecutive weeks of unpaid commissioning parental leave.  In instances where the surrogate motherhood agreement has two commissioning parents, one parent would be entitled to the 10 consecutive weeks commissioning parental leave and the other parent the 10 consecutive days parental leave.

Please note that these three new leave entitlements are all unpaid in terms of legislation.

To ensure that your employment contracts and leave policies are in order, alternatively, if you feel that your employer has treated you unfairly regarding your leave entitlements, please contact Claire Delport.

Family Law Matters

Family Law Matters

Family Law Matters

Strife in a family is always stressful and emotional. At Fourie Stott, our intention is to provide quality service to clients, aimed at resolving family law matters as amicably and cost-effectively as possible in the circumstances.

Our family law specialist

Claire Delport has extensive experience in dealing with family law matters, ranging from:

  • uncontested to contested divorces,
  • Rule 43 applications (to provide for interim arrangements pending the finalisation of the divorce),
  • maintenance applications (increases/decreases/variations and/or discharges of existing maintenance orders),
  • resolving custody and contract disputes,
  • rights of unmarried fathers,
  • negotiating parenting plans,
  • adoptions,
  • paternity disputes and
  • domestic violence applications.

We do not believe in engaging in protracted litigation for years on end, as we do not believe this is in anyone’s best interests.  We will always use our best efforts to encourage a fair and reasonable settlement which is in the best interests of all parties concerned.

Should you require any assistance, please contact Claire Delport on 031 266 2530, alternatively please have a look at our website for more details on our family law department.

Solidify your relationships

Solidify your relationships

Solidify your relationships in 2020

Not only is 2020 the beginning of a new year but also the beginning of a new decade. This is a wonderful opportunity to spring clean your personal and business relationships to ensure that you are standing on solid ground. For business owners it is an opportunity to reflect on and solidify your relationships with co-owners, colleagues and employees (such as shareholders agreements, partnership agreements, association agreements and buy and sell agreements). For individuals, it is an opportunity to reflect on and solidify your closest relationships and estate planning (such as antenuptial contracts, domestic partnership agreements, co-ownership agreements, cohabitation agreements and wills).

If you need any help reviewing your existing agreements or drafting new agreements we will gladly guide you. Contact Kerry at kerry@fouriestott.co.za or 031 266 2530.

Get your HR ducks in a row

Get your HR ducks in a row

Get your HR ducks in a row

A new year always provides an opportunity to “get your HR ducks in a row”, so that problems during the year are minimised. Fourie Stott’s labour department offers an all-inclusive service to assist employers to ensure that they are protected and compliant in respect of their most important resource – their employees.

How can we help?

Based on the specific needs of your business, we can assist with the drafting and implementation of all relevant and required internal policies and procedures. Including disciplinary codes and/or an employee handbook, together with the relevant employment contracts which you would require – be it permanent, part-time, fixed-term, or commission-based.  We can also assist in conducting an audit on your personnel files to ensure there are no shortcomings and bridge the gap should it be necessary.

We can also advise you on, or assist you by chairing, the following internal hearings for:

  • misconduct;
  • poor work performance – where a staff member is not achieving the required standards of performance;
  • incapacity – where a staff member is no longer capable of performing his/her job functions; and
  • grievances lodged by one employee against the business, business practice or a colleague.

Should you be faced with potential retrenchments, restructuring and/or strike action, we can help to ensure that the correct procedure is followed in terms of the applicable legislation.

Should you require any assistance, please email Claire Delport or call her on 031 266 2530, alternatively please have a look at our website for more details on our labour law department.