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Title | Description | Price | Purchase |
|---|---|---|---|
Provides a receipt for payment on account, i.e. where less than the full amount of the debt is tendered. |
(2 credits) |
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Used when the purchaser cancels the order as a result of the supplier’s failure to deliver the goods within the agreed period. |
(2 credits) |
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This notice curtails the chance of bribery. |
(2 credits) |
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These are clauses that are pertinent to most agreements and should be included in them. |
(2 credits) |
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The important general clauses for an agreement as set out in Form 1.1 should, where applicable, be added to this agreement. |
(2 credits) |
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Can be used where agreement of the stipulated date of performance or completion is extended. |
(2 credits) |
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The important general clauses for an agreement as set out in Form 1.1 should, where applicable, be added to this agreement. |
(2 credits) |
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Must be used with the consent of all relevant parties and authorises the termination of a contract. |
(2 credits) |
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Most useful to have on occasions after disputes have arisen. |
(2 credits) |
||
Used when a party is required to indemnify another. |
(2 credits) |
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Used for the pledging of movable property. When a creditor has a claim against a debtor, he may wish to secure the debt by way of a pledge. Only movable property, as opposed to immovable property, can be pledged, because the pledgor must transfer possession to the pledgee. Immovable property is secured by means of […] |
(2 credits) |
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To be used when shares are pledged as security for a loan or debt. |
(2 credits) |
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Demands the shortfall after the sale of pledged property. |
(2 credits) |
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Notifies the pledgor of the pending sale of pledged property and gives the pledgor an opportunity to redeem the pledged property before it is sold. |
(2 credits) |
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Stipulates that the debt is to be paid in installments at weekly or monthly intervals. This is subject to the National credit Act. If in default of the acknowledgement of debt notice must be sent in terms of Section 129 (1). See form 4.18 |
(2 credits) |
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Used to perform certain specific acts on behalf of the party giving the Power of Attorney. If a general Power of Attorney is required, it is suggested that a stationer be approached where comprehensive general Powers of Attorney tend to be stock-in-trade. A conveyancer should be consulted for the preparation of a Power of Attorney […] |
(2 credits) |
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Similar to Form 1.22 except that here the proxy is irrevocable until a specified date.1 (ii) 2019 Edition |
(2 credits) |
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A revocable proxy is used when a shareholder wishes to appoint a particular person as a proxy to vote on his behalf at a meeting of shareholders. |
(2 credits) |
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Used when a third party undertakes to pay a debt if the debtor defaults. Our law attaches special significance to such documents and requires that they must be in writing and must be complete in all respects (e.g. the full name of the Debtor must be inserted) at the time it is signed, otherwise it […] |
(2 credits) |
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A letter by a surety to a creditor to renounce the surety?s liability for the debtor?s future obligations. The renunciation may only be made when the suretyship does not specify a maximum amount of the obligation secured, i.e. where it is for a continuing obligation. It will also depend on the wording of the suretyship […] |
(2 credits) |
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A letter demanding payment from the surety. |
(2 credits) |
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Used where one party intends to release the other party from all its obligations. |
(2 credits) |
||
Used by a contractor to waive his/her lien over property in respect of which he/she has provided material and/or labour. |
(2 credits) |
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Used where there is a mutual waiver of obligations towards each party. |
(2 credits) |
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Used by a creditor to waive specific obligations between the creditor and his debtor. |
(2 credits) |
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Requires a debtor to acknowledge the debt and to undertake to pay it by a specific date. |
(2 credits) |
||
Provides the framework for an affidavit. If any annexures are attached to the affidavit they too must be initialled by the deponent, i.e. the person signing the affidavit, as well as the Commissioner of Oaths. |
(2 credits) |
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For persons not prepared to make an oath. In other respects similar to an Affidavit. |
(2 credits) |
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A short description of the product can be typed out here. |
(2 credits) |
||
This is a warranty against malperformance which could be incorporated in the Agreement to Build (see above) if required. |
(2 credits) |
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This is a formal letter putting the service provider on terms to rectify a malperformance prior to the commencement of proceedings. A reasonable time period within which to rectify the malperformance should be given. |
(2 credits) |
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An agreement between a supplier and a distributor which defines their rights and obligations relating to the distribution of the supplier’s products. Reference should be made to the Maintenance and Promotion of Competition Act 96 of 1979 which enables the Minister of Trade and Industry to prevent restrictions of competition, e.g. by fixing prices, through […] |
(2 credits) |
||
(2 credits) |
|||
This is a simple will for married persons. The formalities as stated in the Introduction must be strictly adhered to. |
(2 credits) |
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(alteration to a will in a separate document) The formalities as stated in the Introduction must be strictly adhered to. Paragraph 2 contains a typical amendment. Any other amendment should be clearly set out in paragraph 2.10.11 Codicil |
(2 credits) |
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(3 pages) This will exonerates caregivers or medical personnel from liability arising from failure to use, or their decision to terminate, any life-sustaining system. This must be signed in full on each page in the presence of each of the witnesses by the testor and the witnesses. The formalities for a will apply to this […] |
(2 credits) |
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This amounts to a codicil. |
(2 credits) |
||
This power of attorney appoints a health care agent and an alternative agent. It becomes operative when a panel of two doctors determines that the grantor is unable to make his/her own health care decisions. The living will should be an annexure to this power of attorney. The power of attorney eliminates the necessity of […] |
(2 credits) |
||
This power of attorney appoints an agent to manage all of the grantor’s patrimonial or property affairs. It becomes operative when a panel of two doctors determines that the grantor is unable to make his/her own decisions. The power of attorney eliminates the necessity of the court appointment of a curator bonis (a person appointed […] |
(2 credits) |
||
(2 credits) |
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(2 credits) |
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(2 pages) This is a simple antenuptial contract providing for no community of profit and loss. It also excludes the accrual system and it deals with donations between spouses. |
(2 credits) |
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(5 pages) This is a comprehensive settlement which a husband and wife sign after summons has been served. Naturally, some of the provisions may not be applicable or suitable and if you cannot adapt the settlement suitably, an attorney should be consulted. Nonetheless, it contains the most usual types of provisions. It is advisable to […] |
(2 credits) |
||
This letter, with its apology annexed, is a demand to the defamer which should be sent by registered post. An attorney should be consulted if damages involving more than infringement of dignity are involved. |
(2 credits) |
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The apology must accompany the letter to the defamer. You are to ensure that the wording of the apology gives satisfaction to you. The specimen enclosed should be sufficient in most instances. |
(2 credits) |
||
(2 credits) |
|||
Will of Married Persons – Mutual Will |
(2 credits) |
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(2 credits) |
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(2 credits) |
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Important Employee Documentation |
(2 credits) |
||
A careful recruitment and selection process is crucial to the success of any organisation. It ensures the right people are in the right jobs, reducing the time and trouble you spend sorting out poor performers. A job advertisement should be targeted to draw suitably qualified applicants and exclude unsuitable ones by listing the correct requirements […] |
(2 credits) |
||
Letter to prospective employer requesting an appointment and enclosing a Curriculum Vitae (personal and employment history). |
(2 credits) |
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This is a summary of your life?s experiences relevant to a prospective employer. It should be accurately and neatly presented and highlight your achievements |
(2 credits) |
||
This form is provided by the employer and is completed by the employee prior to the interview. |
(2 credits) |
||
This form should be completed by the interviewer at the time of the interview to assist the interviewer in evaluating and comparing job applicants. To assist in this process the job applicant may be given the form to complete a self evaluation. |
(2 credits) |
||
Contains a written request for a prospective employee?s? reference. By approaching a past employer in this manner, a verbal reference may be avoided. Written references are generally an advantage, as they will tend to be more explicit. |
(2 credits) |
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Used as an alternative to the request above, this form provides the? past employer with a convenient list of items on which to rate the employee?s performance, alternatively it provides a prompt when recording a verbal reference. |
(2 credits) |
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Informs a prospective employee that his/her application for employment has?been unsuccessful. |
(2 credits) |
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‘– |
(2 credits) |
||
Should be used as a means of verification, when an employment application is being processed. Employment Interviews Medical testing is dealt with in section 7 of the Employment Equity Act (EEA). See summary, Form 2.8. It provides as follows: (1) Medical testing of an employee is prohibited, unless: (a) Legislation permits or requires the testing; […] |
(2 credits) |
||
This form is for staff records. |
(2 credits) |
||
The full name and address of the employer must appear on the letterhead. Conditions of Employment Act (BCEA) requires an employer to provide each employee with a written statement of his/her particular conditions of employment at the commencement thereof. This document must be revised if and when the conditions themselves are revised. The Amendment to […] |
(2 credits) |
||
With the development of socially responsible legislation and collective agreements negotiated between management and trade unions on behalf of the workforce, the content of the individual contract of employment is becoming less important, save in the case of more senior managerial and other professional employees. It is illegal to contract for less than the minimum […] |
(2 credits) |
||
With changing patterns of work and the need for temporary workers it may be advantageous for the employer to define the period of employment. This will make the termination of employment fair and certain and avoid the swamp of dismissal or retrenchment procedures. Unless otherwise agreed, a fixed-term contract cannot be terminated during its currency […] |
(2 credits) |
||
Domestic workers are subject to the BCEA, and it is advisable to enter into this type of agreement in the interests of certainty and dispute prevention. It is in any event a requirement of the BCEA to provide all employees with written particulars of their terms and conditions of employment at the commencement thereof. Italsoprovidesformaternityleaveandthreedays?familyresponsibilityleaveduringeachleavecycle. |
(2 credits) |
||
The BCEA (see summary Form 2.7) stipulates that specific agreement must be reached between the parties with reference to certain times of work. All overtime is voluntary. It requires the prior approval of the employee before it can be enforced. This may be through an individual agreement with the employee or through a collective agreement […] |
(2 credits) |
||
A safeguard for an employer against competitive activity by an employee during and after termination of the employment period. With regard to the agreements to which this form and 2.28 relate, the restraint imposed should be reasonable in all respects, particularly in relation to the duration and the area to which the restraint applies. If […] |
(2 credits) |
||
Similar to Form 2.27, but the restraint is limited to customers with whom the employee dealt during the course of his/her employment. The comments to Form 2.27 apply to this form too. |
(2 credits) |
||
The purpose of a job description can be twofold, either to identify the role of a current employee and to form the basis of a performance evaluation, or to be used for recruitment of a new employee. It sets out the core responsibilities and functions of the employee and the skill and educational requirements and […] |
(2 credits) |
||
‘– |
(2 credits) |
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Employee evaluations should occur at regular intervals, normally annually. The performance evaluation can influence decisions on salary increases and promotions. It is also effective in gauging the contribution and ability of an employee. Although performance evaluations can be carried out in a number of ways, this form allows for an interactive evaluation. The employee is […] |
(2 credits) |
||
This is an abridged version of the above form. |
(2 credits) |
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An amended agreement could be construed as a termination of the old agreement. In order to avoid a claim from the employee for undue influence or unlawful dismissal or constructive dismissal, an amended agreement should be entered into with caution. |
(2 credits) |
||
It is now necessary for employees to consent to deductions being made from their remuneration. |
(2 credits) |
||
Should be completed by an employee when applying for leave. |
(2 credits) |
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A Letter of Resignation from the employee to the employer. In the absence of an agreement between employee and employer, the provisions of Section 37 of the BCEA (See summary Form 2.7) must be complied with. Section 37 states: ?Notice of termination of employment – Subject to section 38, a contract of employment terminable at […] |
(2 credits) |
||
Serves to accept an employee?s resignation. |
(2 credits) |
||
In terms of the Basic Conditions of Employment Act, on termination of employment, the employee is entitled to a certificate of service |
(2 credits) |
||
A protective measure for the employer and an indication of the extent to which it can comment on the employee?s performance, if called upon to do so. |
(2 credits) |
||
Gives an employee or group of employees an opportunity to note a grievance and suggest their own solution. An informal investigation takes place with the right to lead evidence and cross-examine. No victimisation of a complainant is tolerated. |
(2 credits) |
||
The Black Economic Empowerment (BEE) Act 53 of 2003 is commented on in Section 9, My Business, Form 9.9 Codes of Good Practice |
(2 credits) |
||
Gives management an opportunity to respond to an employee?s grievance. Most companies have internal grievance procedures and it is suggested that an employer adopt the procedures as set out below and that the employees resort to the procedure before applying for satisfactory relief. If the grievance is not resolved within two clear working days of […] |
(2 credits) |
||
The Labour Relations Act (LRA) requires employers to keep records of each employee?s disciplinary history during employment. This form is especially useful for recording occasions when the employer uses ?informal advice and correction?, as encouraged by the LRA, to deal with an employee?s unsatisfactory performance and minor violations of work discipline. |
(2 credits) |
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This is a request to an employee to attend a disciplinary meeting. At least 48 hours notice should be given. The notice should inform the accused employee, with sufficient particularity, of the nature of the complaint leveled against him/her, as well as the nature of the employer?s case he/she will be expected to meet at […] |
(2 credits) |
||
This is the record of the finding, which should be signed by the chairman and permanently filed. It forms the substance of the notification that is handed to the employee. |
(2 credits) |
||
This is the formal notification of the outcome of the Disciplinary Meeting, which should be handed to the employee personally and explained to him/her. This is also construed as a formal warning to the employee. Verbal warnings can be issued for less serious offences and can be recorded as a minute of a meeting. A […] |
(2 credits) |
||
Employers allow an appeal by employees to a higher level of management. The employee must lodge an appeal within three working days after service on him/ her of the notification of the finding. No actual hearing need be conducted and the appeal can take the form of a review of the record of the disciplinary […] |
(2 credits) |
||
Warnings have become an important part of the procedure whereby an employee?s deficient performance is addressed. In line with the currently prevailing philosophy that such discipline should be corrective rather than punitive, warnings serve to draw the employee?s attention to the area requiring improvement, suggest methods of improvement and to allow for a suitable period […] |
(2 credits) |
||
Leaves the employee in no doubt as to the employer?s views on his/her performance and places the employee fairly on terms ?to make the necessary improvement or face dismissal?. In cases of dismissal on grounds of incompatibility, warnings are inappropriate, because an employee would seldom change his/her nature or be able to do so; similarly […] |
(2 credits) |
||
An employee is entitled to a hearing before being suspended whether the suspension is with or without pay because the suspension has adverse effects on the career prospects and reputation of the employee. A full-scale enquiry is not expected but the employee must be given an opportunity to state his/her case. If the employee can […] |
(2 credits) |
||
The law of unfair dismissal is codified by Schedule 8 of the LRA , Code of Good 2 (viii) Practice: Dismissal (Form 2.5) which is to be followed in cases of dismissal. The LRA uses a wide definition of the term ?dismissal? which expressly recognises devices such as the failure to renew a fixed term […] |
(2 credits) |
||
Dismissal, LRA Schedule 8 |
(2 credits) |
||
The LRA permits dismissals based on the employer?s operational requirements provided they are for a fair reason and in accordance with a fair procedure. Operational requirements are requirements based on the economic, technological or similar needs of an employer. (Refer to Form 2.6 Code of Good Practice: 2 (ix)? ?2019 Edition Dismissals for Operational Requirements.) […] |
(2 credits) |
||
This is an employer?s checklist before proceeding to conciliation. |
(2 credits) |
||
This is a specimen statement by an employer at the conciliation meeting. This precedes the arbitration at the CCMA. |
(2 credits) |
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‘– |
(2 credits) |
||
Click here to view a sample of this document |
(2 credits) |
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‘– |
(2 credits) |
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Employment Equity Act (EEA) Summary |
(2 credits) |
||
Important Contacts |
(2 credits) |