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Dismissal due to Incapacity

Dismissal due to Incapacity

What happens when employees are no longer able to carry out their employment obligations due to injury or illness? In terms of Labour legislation, an employer is required to reasonably accommodate the needs of that employee as there can be no fault attributed to the employee for incapacity due to ill-health or injury.

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Law of Delict

Law of Delict

It has been said that a dog is a man’s best friend, but what happens when our precious k9’s act out of control and bites a passer-by? The South African law of delict engages primarily with "the circumstances in which one person can claim compensation from another for harm that has been suffered." JC Van der Walt and Rob Midgley define a delict "in general terms as a civil wrong," and more narrowly as "wrongful and blameworthy conduct which causes harm to a person."

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Foreign income-tax exemption scrapped

Propsosal would see your foreign income-tax exemption scrapped

In early July, the National Treasury caused ripples when it published its latest draft tax law amendments. These amendment, which can be read (here) proposes that the well-known tax exemption, which applies to South Africans working overseas, come to an end.

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The Local Municipality and its obligation to provide

The Local Municipality and its obligation to provide

The Local Municipality and its obligation to provide: Baron and Others v Claylite (pty) Limited and Another [2017] ZACC 24. A recent decision handed down by Pretorius J, in the Constitutional Court of South Africa emphasizes the obligation on a local municipality to provide for citizens who are subject to private evictions.

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In and Around Kemp & Associates July 2017

In and Around Kemp & Associates July 2017

The attorneys of Kemp & Associates attended the Annual General Meeting of the Tygerberg Attorneys’ Association at the end of May. We are proud to announce that two of our colleagues, Stian van Zyl and Samantha Bossenger have been elected to the Tygerberg Attorneys’ Association for 2017/2018.

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Practitioners should love themselves and their staff

Practitioners should love themselves and their staff

The legal profession, one of the oldest professions known to man and arguably one of the most prestigious, has always been one of the stalwart guardians of society. Being regulated by a governing body, it is one of the few professions in the world that requires not only a tertiary qualification, but also admission via a court application.

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