Good day, Hero

Please note that our blog posts have moved to http://legalhero.co.za/education

We hope to see you there!

Kind Regards, Legal Hero

Tips when faced with employment issues

Some people live in constant fear of being fired. Who is going to pay for the bond, the car, the children’s school fees, etc.? What if my boss has a bad day and decides to fire me at the drop of a hat? If it can happen in The Devil Wears Prada, it can probably happen to me, too…?

The good news: South African Labour Law favours reasonableness and (more often than not) the employee. A fair dismissal means two things. Not only must a dismissal be substantively fair (in other words for a good reason), but it must also be procedurally fair. This is where most employers falter: the dismissal was for a good reason but was done in an incorrect/ unfair manner! This could lead to the CCMA or Labour

Court ordering your reinstatement, compensation paid to you or even both!

Procedurally speaking, the process is normally as follows: verbal warning, written warning, final written warning and then … dismissal. Only in extreme cases (assault or gross negligence, for example) may an employer skip a few steps and opt for a dismissal. Between each of the aforementioned steps, however, another important protector-of-the-employee lies: the disciplinary hearing. Remember that the outcome of a disciplinary hearing can be a verbal warning, written warning, final written warning or dismissal in serious cases.

5 Tips when faced with that ‘Notice to attend a Disciplinary Hearing’ document:

1. Request the formal written complaint that led to the disciplinary enquiry in the first place. This will help you prepare a proper defence. The formal written complaint will go into a lot more detail than the few sentences you’ll find in the ‘Notice to attend a Disciplinary Hearing’ document, which typically merely lists the charge(s) against you in a sentence or two. Note that you have a right to the formal written complaint, however, employers often fail to attach it to the ‘Notice to attend a Disciplinary Hearing’ document.

2. Ask whether you may bring in a legal representative. Most employers will, however, decline as they also have the freedom to do so. Your next best bet is a union representative or a colleague. You do have the right to be represented by a fellow worker. At the very least, use any colleague to sit in and take notes and write EVERYTHING down. This will serve you well should you take the matter to the CCMA at a later stage.

3. Make sure that the Chairperson is someone outside the organisation and does not work for/ follow demands of the complainant (person whose formal complaint led to the disciplinary enquiry against you).

4. Use the formal written complaint to prepare your questions to the complainant and his/her witnesses in advance. The complainant and his/ her witnesses should state their case first, providing you the opportunity to cross examine the complainant’s witnesses.

5. Make a special note of the time it takes for the Chairperson to come to a conclusion. Did the Chairperson take enough time (preferably a few days) to consider all the evidence or did the Chairperson perhaps have a preconceived outcome in mind? Remember that the Chairperson must use the evidence presented by the two parties (you and the complainant) to determine your guilt on a balance of probabilities. Your previous work record/ written warnings/ compliments/ mitigating factors are excluded from this decision and only come into play after the Chairperson is convinced of your guilt and before the Chairperson decides on a proper sanction (written warning, final written warning, dismissal).

One last thing, remember your rights when it comes to a disciplinary hearing. Note that these rights must be provided to you in writing prior to the hearing. Make a large note of it if this is not the case!

You have the right to:

a. Be present at the hearing. If you fail to attend the hearing, the matter needs to be postponed to a new date. If you are then, however, absent once more, the enquiry may proceed in your absence;

b. Have enough time to prepare your defense against the charges;

c. Be represented by a colleague of your choice or by a shop steward/ union official;

d. Ask as many questions as you wish, cross examine the witnesses called by the complainant and also to have witnesses of your own present and ready to be asked questions;

e. An interpreter if necessary;

f. Appeal the decision of the Chairperson internally before proceeding to the CCMA.


* Attention all Legal Hero Policyholders: please contact us the moment your receive a notice to attend a disciplinary hearing. Dial 0861 22 99 22 and select voice prompt 4. 

Youth Day Quiz

1. Youth Day commemorates the Soweto Youth Uprising on 16 June 1976. On this day hundreds of people were killed when schoolchildren protested against the Bantu Education Act, poor facilities, overcrowded classrooms, etc. This iconic photo captured by Sam Nzima during the Soweto uprising, illustrates Mbuyisa Makhubo carrying the dying ___________.

a) Chris Hani

b) Hector Pieterson

c) Hastings Ndlovu

2. The child support grant paid out by the South African Social Security Agency (SASSA) to qualifying parents/ primary caregivers who earn less than R42000 per year (single person, R84000 if married) amounts to ______ per month.

a) R340

b) R1300

c) R350


3. True or False. As a parent you may agree to corporal punishment (whipping/ smacking) of your child by a teacher in light of your religious beliefs, provided you grant this permission in writing.

a) True. Christian Education South Africa v Minister of Education 2000 = total ban on corporal punishment at school = unconstitutionally limits the religious rights of parents who see corporal punishment as a biblical responsibility.

b) False. Christian Education South Africa v Minister of Education 2000 = total ban on corporal punishment at school = justifiable limitation in an open and democratic society. Also important is the child’s right to dignity and to be free from all forms of violence.


4. In which state/ country is the use of force by parents to correct child behaviour/ discipline children strictly forbidden, unless it is for example to keep children from touching a hot stove or carry a protesting child out of a supermarket?

a) New-Zealand

b) Texas

c) South Africa


5. Lucy is a single mother residing in Cape Town. Lucy needs to apply for a maintenance order against the biological father, Mike. He stays in Johannesburg. Does Lucy approach the Court in Cape Town or travel to Johannesburg? Which Maintenance Court has jurisdiction to consider Lucy’s application?

a) You need to apply for maintenance in the region where the person you are claiming maintenance from resides.

b) You can apply for maintenance at any Maintenance Court in South Africa.

c) You need to apply for maintenance in the region where the dependent child you are claiming maintenance for resides.


6. The most important consideration used when a court needs to make a decision in a maintenance/ contact dispute or any other matter concerning a child.

a) The best interests of the child standard, which is of paramount importance.

b) The four parental rights and responsibilities: to care for the child, to maintain contact with the child, to act as guardian of the child and to contribute to the maintenance of the child.

c) The decision must strengthen family and community structures.


How did you score? 

Answers: 

1(b). 

2(c). 

3(b). 

4(a). 

5(c). 

6(a).

Maternity UIF

Expecting a baby is a wonderful blessing. It’s a time to reflect on potential names, tiny baby outfits, your birth plan, etc. 

You shouldn’t waste any precious time on worrying about your income whilst on maternity leave. Let’s get those out of the way so you can get back to focusing on what’s important. 

 . 

My employment contract refers to unpaid maternity leave. Is this legal?

Your employer is not legally obliged to continue salary payments during your maternity leave. Therefore, an employment contract referring to unpaid maternity leave is legal. Your employer does, however, have a legal obligation to keep your post available by not replacing you. Note that a temporary employee may fill in for your during your time away.

Your employment contract could, however, stipulate favourable maternity benefits including partial/ full maternity leave salaries or a maternity leave period of six months, for example. If this is the case, your employer has to deliver, failing which you may take a copy of the relevant contract to the Department of Labour and/ or you have 90 days to report an unfair labour practice to the CCMA/ relevant Bargaining Counsel for conciliation.

Sometimes an employment contract does not say anything on the topic of maternity leave. This is where the basic/ minimum conditions in terms of the Basic Conditions of Employment Act (BCEA) kick in:

· you may take maternity leave of up to four consecutive months

· your employer does not have to remunerate you during your time out of office

· you may start your maternity leave up to 1 month before your due date, sooner if you have a medical letter confirming that it is unsafe for you to work

· Should you elect not to make use of your maternity leave, you may return to work no sooner than six weeks after delivery. If you had hoped to return sooner, you will need a medical letter declaring that you are fit to start working again.

Should your employment contract stipulate that you only have two months’ maternity leave or set out any other condition that is less favourable than that of the BCEA; this section is void and unenforceable by the employer. Your employment contract may only place you in a better position than the basic minimums. It may not leave you worse off!

How do I survive without my income?

The Unemployment Insurance Fund (UIF) also provides for maternity payments.

When was the last time you studied a copy of your salary slip? Please have a look at the ‘deductions’ section, where you should notice a monthly UIF contribution of 1% of your pay. A further 1% of your pay is not deducted from your salary but paid by your employer. In total SARS/ the UIF therefore receives a 2% contribution of your salary to potentially in future provide you with short-term relief. Your employer has a legal obligation to pay this contribution over to fund/ SARS before the 7th of each month.

Important to remember:

· Commission based earnings have no monthly UIF contributions and therefore commission based earners (unless you also earn a basic), cannot claim UIF;

· You can only claim maternity UIF if you are receiving zero or partial income from your employer during your maternity leave. If you have favourable employee benefits paying you a full salary whilst you are on maternity leave, you will be unable to claim maternity UIF as well.

· You are excluded from claiming UIF if you work for the National Defense Force, SA Secret Service, National Intelligence Agency or for a charity as an unpaid volunteer – as you also then do not make UIF contributions from your salary.

How much UIF can I claim?

This will depend on whether you are receiving partial/ zero income whilst on maternity leave, the size of your salary as well as the total amount of months you have been contributing towards the fund. A rough estimate is that you could receive between 38 – 58% of your monthly salary.

No tax is deducted from maternity UIF and payment is made directly to your personal bank account.

Where do I claim UIF and what forms do I need?

You need to visit the Department of Labour closest to you. This initial application can be made eight weeks prior to your due date or within and no later than 6 months since the birth of your baby.

Remember to take your ID and a medical certificate confirming your pregnancy, alternatively, the baby’s birth certificate with you. You will furthermore need to complete the following forms:

· UI2.3 Application for maternity benefits

· UI2.7 Confirming the remuneration received whilst in employment

· UI2.8 Banking details confirmation

· UI4 Payment continuation document. Once your claim has been approved, this is a document one needs to submit on a monthly basis to request another payment


Hope this helps and congratulations to you and your partner!

Kind regards, Legal Hero www.legalhero.co.za. 

Freedom Day

It is impossible to reflect back on 27 April 1994 without reminiscing about the legend that is former President Nelson Mandela.

Read Mandela`s statement after voting in South Africa`s First Democratic Election here: http://www.anc.org.za/show.php?id=3657

A few of our all-time favourite quotes:

“Many people have been sceptical of our capacity to realise the ideal of a rainbow nation. It is true that South Africa was often brought to the brink of destruction because of differences. But let us re-affirm this one thing here today: it is not our diversity which divides us, it is not our ethnicity, or religion or culture that divides us. Since we have achieved our freedom, there can only be one division amongst us: between those who cherish democracy and those who do not!” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

“The very fact that racism degrades both the perpetrator and the victim commands that, if we are true to our commitment to protect human dignity, we fight on until victory is achieved.” Nelson Mandela, address to The United Nations General Assembly, New York, USA, 3 October 1994

“… we know that peace is the most powerful weapon that any community or nation can have for development. As we rebuild our country, we should remain vigilant against the enemies of development and democracy, even if they come from within our own ranks. Violence will not bring us closer to our objectives. All of us should ask ourselves the question: Have I done everything in my power to bring about lasting peace and prosperity in my city and my country?” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

We wish you a cheerful Freedom Day 2016.

Yours faithfully,

Legal Hero.

Hero of the Month: Miss Mabaso

Not all Heroes wear capes. Although we tend to think Miss Mabaso should! After being awarded a certificate of excellence as a top KZN educator, we simply had to catch up with the woman who believes in, and takes daily strides towards, a better tomorrow…

Thando: Please tell us about yourself - where did you grow up, where did you go to school and why did you start teaching?

Miss Mabaso: I'm a woman who believes in herself. I have a clear vision and passion for life. I always strive for excellence. I run the extra mile in my career. I try to always do more than what is expected of me. I am a very dedicated person and a good motivator. 

I grew up in Estcourt, Ntabamhlophe Location. I started Primary Education at Sakhile Primary School, Sobabili High School and Estcourt Senior Secondary School

I am a Teacher by profession. I did my Bachelor's Degree in Education from Durban University of Technology and hold an Honours Degree in Education from UNISA. I started teaching in 2007. In 2013 I was promoted to be a Head Of Department. In 2016 I was again promoted to be Deputy Principal where also I got a special opportunity to act as Principal.

A happy Miss Mabaso at the KZN Department of Education 2016 Awards Ceremony.

T: What inspires you to strive for such greatness?

M: As an innovative person, I always want to turn things around. Teaching is my calling. I like transformation. Changing the lives of African children is my vision, this is what inspires me. It gives me a reason to wake up in the morning and speak life to these young girls and boys. I am a visionary leader. Changing the lives of South African children inspires me to never stop doing what I do.

T: You must be their hero. Question is, who is your favourite superhero and why?

M: My favourite superhero is my former Grade 12 accounting educator, Dr. ATM Gwala. He managed to identify a talent and a special skill in me. He advised me to further my studies because of the potential he saw in me. He taught me so many things other than accounting. He is my mentor and life coach. He taught me the skills of being a good leader.

T: What is your vision for South Africa?

M: My vision for South Africa is seeing people who were previously disadvantaged changing their lives for good. I would love to see all citizens being able to read, write and be computer literate. This will enable them to try and do things on their own and not always depend on government.Seeing an old African woman or child reading a book in a train or taxi would make me happy. Every home should have a book to read! Every South African should be able to enforce their rights to education.

Assistance with your home loan application

Exciting new benefit announcement!

All Legal Hero policyholders now enjoy assistance with their home loan/ bond application process. Contact 0861 22 99 22 (option 4) or e-mail bond@legalhero.co.za. We want to see you and your family thrive.

When it comes to property (movable and immovable), your Legal Hero benefits include purchase and sale agreements, advice on agreements before you sign, consumer protection, lease agreements, bond application assistance and discount on transfer and registration fees.

Keeping you informed: Have you heard of FLISP?

What is it? The Finance Linked Individual Subsidy Program (FLISP) was developed by the Department of Human Settlements and is a form of subsidy.

What does it do? FLISP helps successful applicants to purchase his/ her first property in a formal town by way of a once-off subsidy in the region of R10 000 - R87 000.

Do I qualify? If you are a first time home buyer, a South African citizen over 18 years, have never benefited from a Government Housing Subsidy Scheme (such as an RDP house, for example) and earn between R3 501 and R15 000 per month, you are eligible to apply. Your potential FLISP subsidy depends on your household's combined monthly income.

Contact details: NHFC 0860 011 011 or flisp@nhf.co.za. Visit www.nhfc.co.za for more information.

Rid yourself of financial woes

Outstanding debt is easier to sweep under the carpet than to deal with. Initially, you might find some solace in pretending, however, as time progresses, that bulge under the carpet will eventually become stress bulges that run down your neck and keep you up at night. Eventually the sound of a phone ringing will bring about anxiety, as it could possibly be one of your creditors following up or threatening to take legal action against you. That’s not even the worst of it all. The worst phase to enter is the one where you simply lose hope.

“Hope is like the sun, which, as we journey toward it, casts the shadow of our burden behind us.” Samuel Smiles

If you are having serious trouble repaying your debts and if you are ready to embark on the road to financial freedom, we at Legal Hero have the perfect solution: debt review. We do not offer this service personally, but have truly been inspired by Karin Augustyn from Cape Debt Clinic and her team to whom we refer all our financially distressed enquiries. Karin and her team’s compassion is beyond anything we have ever experienced in the overpopulated debt review industry. *

Debt review vs being placed under administration?

Debt review is often preferred to being placed under administration. Why?

Debt review offers greater consumer protection as the fees to the debt counsellor are strictly regulated by the National Credit Regulator. A debt counsellor will assess your state of indebtedness, offer sound financial advice and facilitate a debt rearrangement with your creditors. Should your creditors not agree to the debt rearrangement one may apply to court for an order confirming same. The debt counsellor will then manage all your payments from a central distribution agency on a monthly basis on your behalf.

Administration is more expensive and the fees to the administrator managing the payments are higher. A court order is required and the debt may not total more than R50 000. There have been many reports of irregularities in that the fees to the administrator are not properly regulated and there is no central distribution agency involved. In most cases the distributions to credit providers only occur every three months and are handled by the administrators themselves.

How long does debt review take?

Nothing is a short-term fix. You will need to commit. The goal is to get you debt-free within a period of 3-5 years. Depending on your circumstances, this could happen much sooner. For a detailed timeline elaborating on what happens from day 1 – the day of your financial freedom, visit this link:

http://www.capedebtclinic.co.za/Debt_Review_timeline.html

Visit this link for answers to other frequently asked questions regarding debt review:

http://www.capedebtclinic.co.za/Debt_Review_FAQ.html

Contact Cape Debt Clinic (not limited to the Western Cape) on 021 828 2658 for a free first consultation to assess your needs.



* Please note that Legal Hero does not receive commission/ referral fees for referrals to Cape Debt Clinic.

How do I clear listings from my credit report?

Here at Head Office we all do some credit ‘spring cleaning’ right after the annual budget speech. Everybody requests a copy of his/ her credit record from TransUnion/ Experian and then scrutinizes the document in order to avoid any nasty surprises. 

Did you know that potential creditors are obliged to check your credit record for any listings prior to approving your loan? A listing could then lead to the rejection of your application.

Ranked from least to most serious, there is a chance that you might spot one or more of the following listings on your credit record: payment profile information, adverse information, judgments and notices.

Payment Profile Information:

What is it? This listing changes every month, dependent on whether or not you paid your clothing/ other accounts. When you skip a payment, this gets listed on your credit record.

How do I remove it? There is nothing you can do to remove this type of listing.

Will it affect my loan application? It is definitely something your potential creditor will take into account when considering your application. However, in most cases you will be granted credit.

Adverse Information:

What is it? After skipping a few of the abovementioned payments or not paying on time, your creditor will notify the credit bureau and have you tagged as a ‘slow payer,’ ‘default,’ ‘write off,’ etc.

How do I remove it? The only way to remove this type of listing is to write to your creditor with reasons as to why your account was in arrears AND make payment to get your account up to date. Examples of reasons include hospitalization or retrenchment – please remember to attach proof of payment as well as proof of your reason. It is then up to your creditor to decide whether or not it will write to the bureau to remove the listing.

Will it affect my loan application? Although you will be granted credit in most cases, it may come at a higher cost to you.

Impact of the Removal of Adverse Consumer Information and Information Relating to Paid Up Judgements Regulations, 2014? Some data on your credit record (adverse information reflecting on 1 April 2014) was ordered to be removed. This does not mean that you no longer owe the outstanding amounts to your creditor. What is does mean is that future creditors will no longer see old adverse information data as available on 1 April 2014 when considering your credit application.

Judgements:

What is it? After skipping many payments, ignoring calls from your creditor, receiving letters of demand, summonses, your creditor will apply to court to confirm the amount owing plus interest, legal fees, etc.

Whereas a debt prescribes (expires) within three years since the date of your last payment or acknowledgement of the debt, a court order confirming a debt only prescribes after thirty years. This means your creditor has thirty years to enforce the debt.

For more information on judgements and emolument attachment orders (garnishees), please visit this link: http://www.legalherolearn.blogspot.co.za/2015/07/emolument-attachment-orders-in-south.html

How do I remove it? Previously you had to:

i. Pay the debt in full;

ii. Obtain a confirmation letter from the creditor;

iii. Apply to the same court for the rescission of the judgement. This was a costly exercise;

iv. Obtain a copy of the court order confirming the rescission;

v. Send the court order confirming the rescission to the credit bureau and request the judgement’s removal from your credit record.

Effective 1 June 2014, the creditor has an obligation to send confirmation of a paid up debt to the credit bureaus within 7 days. The bureaus (Transunion/ Experian) will then remove the listing within 7 days. You may also contact the bureau and submit the confirmation letter to arrange the removal if you wish to do so.

Will it affect my loan application? Yes. Having a judgment against your name will most likely lead to the rejection of your credit application.

Notices:

What is it? This is the most serious type and happens after you have been sequestrated or placed under administration.

How is it removed? You need to apply to court.

Will it affect my loan application? Yes. Creditors will not grant you credit and might even be held liable for acting recklessly should they do so.



We hope you found this post helpful. If you are a Legal Hero Policyholder, kindly contact our offices for assistance with your credit record.

Life Hero

In a bid to counter more of your life’s villains, Legal Hero is proud to present a few new hero products.

Life Hero is a product range that falls within the long term insurance industry. In collaboration with Triarc - an authorized financial services provider also with Guardrisk (Guardrisk Life) - we now offer you the following benefits: 

1. Life Cover

2. Disability Cover (Core and Comprehensive) 

3. Dread Disease Cover (Core and Comprehensive)

4. Functional Impairment Cover (Core and Comprehensive) 

5. Income Protection Cover

1. LIFE COVER 

Unfortunately, death is inevitable. As a final courteous act, help us help you enable the loved ones you leave behind.

• 100% of the cover will be paid out if you are diagnosed with a terminal illness with a life expectancy of less than 12 months;
• Your policy may also be ceded as security for a loan;
• 20% of your cover - up to a max of R50 000 (Fifty Thousand Rand) - will be paid to your beneficiary within 48 hours to cover your funeral expenses or as instant cash.

2. DISABILITY COVER 

Life’s villain: 1 in 4 people will become disabled before retirement. 

• 100% of the benefit amount will be paid out as a lump sum to you in the event that you become permanently disabled.

3. DREAD DISEASE COVER

Life’s villain: Various types of cancers and diseases, including heart attacks, strokes, pancreatic failure, loss of vision, major skin burns, Hodgkin’s disease, etc. 

• 100% of the benefit amount will be paid out to you in the event that you become diagnosed with a dread disease;
• Cover helps pay the bills will you are recovering. Note that your medical aid will pay for the cost of treatment for the disease.

4. FUNCTIONAL IMPAIRMENT COVER

Life’s villain: Struggling with daily activities such as walking, washing, eating, etc. due to injury. 

• A percentage of your cover will be paid out to you, depending on the extent to which your ability to do normal daily activities has been impacted. 

5. INCOME PROTECTION COVER 

Life’s villain: Surviving without a salary. 

• Monthly pay-out to help you pay your bills and cover other living expenses while you are unable to earn an income 
• … as a result of a bodily injury or illness to the extent that you are unable to perform the main duties of your occupation on a total or a partial basis

Your cover amount required as well as the relevant premium is based on a needs analysis. Kindly contact your relevant Legal Hero broker or e-mail life@legalhero.co.za for more information.

Five ways to show off your #smartheart

"Love is composed of a single soul inhabiting two bodies." Aristotle 

This may be an extremely unromantic thought, but what if things do not work out and the two bodies decide to go their separate ways? 

Without going into too much detail and adding that some loves are wonderful, definitely add to who you are as a person, teach you many lessons, but are not meant to last forever… let’s rather stick to what we know: the law and how to protect your best interests. 

1. If marriage is not your thing: 

Some people call marriage old fashioned. The best advice in this case is to draw up a Domestic Partnership Agreement. This is a contract used by heterosexual as well as same sex couples in an attempt to set out the material rights and obligations of their long term relationship. 

This contract furthermore recognizes that both parties contributed to the household in some or other way and should not walk away empty handed, regardless of the fact that everything might be in one partner’s name. This includes, but is not limited to, arrangements concerning the property, pets, furniture items purchased together, etc. 

Remember that your cohabitation is not expressly legally recognized without a Domestic Partnership Agreement/ valid Marriage (heterosexual couples)/ Civil Union (heterosexual or same sex couples). Depending on the amount of years spent together, amongst others, you could try argue the existence of an implied Partnership in Court, but this is very difficult to prove. 

Our legislators are in the process of addressing the abovementioned inequalities (unfortunately statistics show that usually women with children are left out in the cold). However, the Domestic Partnership Bill (draft law) is dragging its feet. 

2. If you are planning to get married: 

First things first, consider drawing up an Ante-Nuptial Agreement as soon as possible. This is a contract that sets out your marriage’s matrimonial property regime/ financial arrangement. 

Without it you are married IN community of property by default. With it you may be married OUT of community of property with the accrual system or OUT of community of property WITHOUT the accrual system. 

In community of property means that everything your spouse owes and owns also belong to you (and vice versa). Even that property you bought before you got married. Even the debt you collected before or after your marriage. Out of community of property with the accrual means that you may share everything you gained after your marriage. Out of community of property without the accrual means that you do not share a joint/shared/ common estate. 

3. If you are already married and considering a divorce: 

When it comes to divorce, the less traumatic and a beneficial solution to all parties by far is an Unopposed Divorce. Especially if there are children involved.

An Unopposed Divorce means that both parties agree on what is to happen with the house, the bond and the children’s visitation rights (every second weekend/ second birthday/ holidays), etc. Arrangements are then mutually decided upon and put together in a Settlement Agreement before a legal professional applies to Court to confirm the divorce. 

An Opposed Divorce means that the parties do not agree and need to battle it out in a lengthy Court case subject to heavy delays. 

4. Regardless of the surrounding circumstances, draw up a valid Will. 

Are your affairs in order? What happens in the most unfortunate event that you pass on tomorrow? 

DIY Wills are dangerous as they could be declared invalid. If you have no other option, please try to avoid the mistake of having a beneficiary also witness your Will. Your beneficiary could be disqualified from inheriting in terms of your Will if you have also asked them to witness your Will. You will need to find two other competent witnesses above the age of 14 years. 

A Will without a date is not necessarily invalid, but a date makes it easier to interpret your wishes if you have more than one Will. Remember that a new Will does not necessarily revoke previous Will/s. Wills are read in conjunction with one another as far as possible, unless you explicitly state ‘this Will revokes all previous Wills …” 

5. Save money by choosing Legal Hero for Ante-Nuptial Agreements, Child Maintenance Applications, Opposed and Unopposed Divorce, drawing up of a valid Will and many more. 

We cannot protect you from heartbreak, but we can help ensure that your legal transition from partnered to single is as smooth as possible. 

By choosing Legal Hero you will pay a fixed and affordable monthly premium that offers cover against future legal heartaches of up to R200 000 per annum. Legal advice, out of Court settlement and our contract benefit services are handled in-house whilst litigation matters are referred to our national panel of trusted attorneys. 

Legal Hero is an authorized financial services provider as underwritten by Guardrisk Insurance Company Limited. Terms and conditions apply. Mail join@legalhero.co.za or call us on 0861 22 99 22 (select option 1). 

Responsibilities towards a domestic worker

A Sectoral Determination issued by the Department of Labour for 1 December 2015 - 30 November 2016:

Note: if you are not listed in Area A, you fall under Area B. 

Screenshot/ photo cred: www.labour.gov.za

Notes:

As a Legal Hero policyholder, we can assist with a tailored domestic worker contract, salary slips and advise as to which other documents should form part of your file. Contact us today.

Yours faithfully,

Legal Hero

www.legalhero.co.za
0861 22 99 22
join@legalhero.co.za/ legal@legalhero.co.za/ admin@legalhero.co.za