About: N Aphane & Co Attorneys Inc. is a boutique law firm providing practical, results-driven legal solutions to business, employers, entrepreneurs and individuals. We focus on Commercial Law, Labour and Employment Law and Corporate Law, assisting clients with commercial agreements, employment disputes, disciplinary hearings, retrenchments, unfair dismissals and general business legal advisory services. Our commitment is to provide responsive, professional and cost-effective legal representation.
Good Day, I am looking to get some advice. My partners are looking to "buy" me out of the business I own 25% shares in. They claim I have not contributed what I have agreed to in the business and now are saying I have two options. 1. for them to pay me out R1 and I leave the business. 2. if I am to stay on I need to contribute capital, which they did not disclose an amount. There are 4 partners each owning 25% stake in the business. I have been contributing to the business even more so than my 2 other partners, the partner who sent the email, contributed the capital for the business as an investor. My contribution is to put in the work towards the business and I have been doing so since the business opened in September . I was promised a monthly salary to run the business and they only paid me for one month. Now they are saying I haven’t done what I agreed to and want to push me out of the business. Please find attached Document send to me on Saturday
I'm being falsely accused with no valid evidence, only employee that claims of harassment after she was issued with a written warning by me... Also the investigator submit inaccurate /misleading information to company ER department that contributed towards allegations against me. I am still waiting for a penalty and preparing to go to ccma.
I need advise on something taking place at the company I work for. There are currently 5 salary levels and the company is making level 4 and 5 redundant ( lowest levels) I have to increase my output to move to a level 3 and I confirmed what the salary level 3 is currently. it was given to me verbally and not via email. I'm querying it again and waiting feedback. Is the company allowed to lower or reduce the current amount?
There's 5 of us and we have reported the matter at hand to the Union, thus far there hasn't been assistance though all requested documents have been submitted and there's been a case at the CCMA offices and this matter was referred to Labour Court. We still have not received the court date and we're seeking assistance with the representative Unfair dismissal Monies taken from our salaries and UIF not being paid to the Labour Dept.
Urgent High Court Litigation Assistance Required I am seeking urgent legal representation in a High Court matter currently pending in the Gauteng Local Division, Johannesburg. My previous attorneys withdrew as attorneys of record on 10 June and a Summary Judgment Application is pending. The matter involves a dispute between myself, my ex-husband and Luno (Pty) Ltd relating to cryptocurrency assets and account ownership following our divorce. Background My ex-husband has instituted action against me and Luno alleging that cryptocurrency assets were unlawfully transferred to my account. I deny any fraud, theft, misrepresentation, unlawful access or impersonation. My position is that: * The original Luno account was a shared marital account. * Our Settlement Agreement provided that I would retain the shared Luno account upon divorce. * I supplied the Settlement Agreement and Divorce Order to Luno. * Luno conducted its own review process through its Legal and Specialist Teams. * Luno reinstated my account and transferred assets following that review. Why I Require Assistance A Summary Judgment Application has been launched against me. I believe there are substantial disputes of fact which make the matter unsuitable for Summary Judgment, including: * Ownership and control of multiple Luno accounts; * Interpretation of the Settlement Agreement; * Luno’s internal decision-making process; * Account access and duplicate account issues; * The movement and recovery of cryptocurrency assets; * Missing records and discovery issues. Available Documentation I have a comprehensive documentary record available, including: * Settlement Agreement; * Divorce Order; * Combined Summons; * Summary Judgment Application; * Luno correspondence; * Transaction histories; * Login histories; * Account recovery records; * Detailed chronology and evidence analysis. Assistance Required I require an attorney experienced in: * High Court litigation; * Summary Judgment proceedings; * Commercial disputes; * Cryptocurrency / digital asset matters; * Discovery and forensic evidence. The matter is urgent and I would appreciate contact from attorneys willing to review the documentation and advise on representation. Location: Johannesburg, Gauteng Court: Gauteng Local Division, Johannesburg Status: Summary Judgment Pending
Morning. I hve been employed with these same company since i have never been registered anywere now the company want to dismiss me without any cent. And the company stil have my salary for outstanding since they promise to pay me till date. I stil hve the company vehicle I'm afraid if they reposes it thats final I will jst walk away with nothing
I've been living in Capricorn beach estate for 7 yrs and I have been going through an ongoing financial abuse from the board of trustees up until this day been pushed back and fought with " court orders although I made payments each time I had to pay but neve resulted in any positive outcomes and now experiencing the same issue that has been draining my resources and needs of professional support. Thank you for your time and understanding
After more than year, hoping banks would, we have received little help from them. The SAPS investigation is still ongoing, with three more cases up north still to be investigated, this will only take place in July of this year. In the mean time we have maxed out our funds. The problem has arisen now, is ABSA want their money back, I have tried dept review company, the back payment is good, but the payback payments long 54 months, and I have started using my Retirement Annuity, which would only last 2yrs, then will have to use our SASSA grants for living expenses. I need assistance to try a get our bank to understand our situation.
Already reported to ccma with no assistance. First arbitration hearing unresolved. Second arbitration case still awaiting date. First got demoted then suspension without documents, then reduced salary. No disciplinary for suspention. Still not returned to work but getting retrenched on ground of my position at company is redundant. Severage package worked out on reduced salary
I am seeking legal advice regarding an employment dispute involving an alleged salary overpayment and a possible allegation of dishonesty or breach of trust by my employer. I was originally employed as a Customer Service Expert. I later acted in a Team Leader role and received the applicable acting allowance. When the acting role ended in January, the acting allowance ceased, and I reverted to my normal salary for February, March, April and May. In June, I noticed that my salary had increased unexpectedly. I discussed this with my line manager, and we both considered that it might be an administrative error. However, no action was taken at the time, and the salary continued to be paid. The increased salary also appeared on the company's official BMS system. The following month, my annual ASR increase was applied to the higher salary amount, increasing it further. This reinforced my belief that the salary had been verified and approved by the company. The salary remained reflected on the official company systems for several months. Thereafter, I applied for and was appointed to a permanent Team Leader position. I received and signed a promotion contract reflecting a salary of R19,, which was calculated from the salary already reflected on the company's systems. I have now been working under this contract for approximately five months. Recently, HR informed me that the earlier salary increase was allegedly an error. They have indicated that they may reduce my salary and recover the alleged overpayments. During discussions, concerns were also raised regarding dishonesty, breach of trust, and an alleged failure on my part to report the increase. My concern is that although I did discuss the increase with my line manager when I first noticed it, this conversation took place verbally and I do not have written proof of it. I am therefore concerned that the company may attempt to rely on this lack of written evidence to allege dishonesty or a breach of my duty of good faith. I would appreciate advice on the following: Whether the company may lawfully reduce my current salary after I signed and accepted a promotion contract reflecting the higher salary. Whether the company may recover the alleged overpayments under these circumstances. Whether the facts support a potential allegation of dishonesty or breach of trust. What rights and protections I have under South African labour law. What steps I should take to protect my position should disciplinary action be pursued.
