Clientèle Legal Can Help

Most of the time, our homes are places of safety and comfort, but it is important to remember that it is also a financial asset and a legal commodity. ‘If you pay rent, you might need a good lawyer at some stage,’ says Luleka Ngodwane of Clientèle Legal.

Dr. George Dennill from Bloemfontein knows this all too well. Here’s his story:

“I had a bad experience with a rental agency and a dispute ensued. It became a legal nightmare, filled with red tape and frustration! Just trying to understand the complications arising from the lease agreement was near-impossible,” says Dr. Dennill. “I turned to my lawyers at Clientèle Legal for help. They guided me through the legal clutter and the matter was resolved. I would never have been able to afford the legal fees otherwise.”

Recent changes to the Consumer Protection Act might have some controversial implications for lease agreements, says Ngodwane. The Act stipulates that the lease agreement must be drawn up in plain language, so that an ‘ordinary consumer with average literacy skills’ can understand. Further, the Act states that lease agreements may only exist for 24 months. “Automatic renewals are a thing of the past,” Ngodwane warns. “This means that landlords will not be able to charge a cancellation fee at the end of the lease and must now take responsibility to renew the lease appropriately between 40 and 80 days before expiry.”

Apart from issues with rentals, home owners or people who pay rent may also encounter other legal problems:

• disputes with the neighbours;
• contractual disputes;
• poor service from security companies;
• problems with builders;
• disputes with the town council over billings;
• legal issues resulting from pet ownership, just to name a few.

‘That is why, if you rent a home – you should have a lawyer!’ Clientèle Legal is here to assist you 24 hours a day.

Are You Man Enough?

Imagine if every man committed to being the kind of man that this world desperately needs; a man that stood up to what he believed in and showed devotion in his workplace and community. Most of all, a man who strives to be the best father, son, husband or friend he can be.

That’s why this year’s Movember campaign did not only focus on the health issues involving men, but also looked at the following four areas: Health, Family, Finances and Community.

Basil Reekie, Group Managing Director-Designate, spoke to the men of Clientèle in terms of values and the importance of the four areas of focus for this year’s campaign. Clientèle men were then asked to sign a pledge to show their support for the campaign.

Tommy Connell, Clientèle Query Analyst, who brought this initiative to the company in 2010, has been committed to educating men about prevention and awareness of testicular and prostate cancer. With the support of the Mo Bros. they have managed to raise over R22 000,00 which will be donated to the Movember Foundation’s research into the treatment of testicular and prostate cancer.

The number of Mo bros. has increased from 23 in 2010 to 63 in 2012.

Clientèle Staff Give Back

Seven is traditionally regarded as a lucky number and it is the number of beneficiaries of the 2012 Employee Giving campaign. However, the hope, joy and smiles Clientèle brought through this campaign was not the result of luck but rather a collective commitment of many Clientèle staff members to making a difference through a voluntary deduction of R10 a month or more (sometimes a lot more!) from their salaries.

The amount raised by Clientèle staff for 2012 was R36 390 and with Clientèle matching this amount, R72 780 was shared amongst the following deserving charities:

• Creative Sports Development;
• Sabela Community Development;
• SPCA Johannesburg Central;
• Thusong Children’s Home;
• Education Youth Empowerment Studies;
• He Cares;
• HOMAC Home.

Clientèle Management and staff are dedicated to making a difference in the lives of our community.

Clientèle staff at sithabile child and youth centre

Clientèle has been a part of the Sithabile Child and Youth Centre for over 10 years and is dedicated to making a difference in the lives of children who come from backgrounds of neglect, abandonment and exploitation.

“Sithabile has become a part of my vision. I feel honoured to belong to an extraordinary family,” says Nandi, the daughter of Solly and Thabisile Msezane. Together the family has dedicated 18 years towards caring for neglected, abandoned and terminally ill children.

On Saturday 17 November 2012, members of the Clientèle Life Corporate Social Investment (CSI) Club visited the Sithabile plot at Putfontein, Benoni, with a mission to get their hands dirty. The Club helped Sithabile with the upkeep of their garden as well as planting vegetables. While one group planted and watered seeds sponsored by Clientèle Life, the other group helped to remove weeds and till the soil.

The Clientèle Life CSI Club can be proud that their contribution will continue to shape Sithabile’s future.

What are my rights?

All it takes is one poorly placed comment

Most of us do it: Facebook, Twitter, MXit or blogging. Done correctly, social networks are a great way of building friendships and relationships. One poorly placed comment however can get you fired.

“It is happening more and more often,” says Selena Naidoo, a Legal Advisor with Clientèle Legal. “People get into serious trouble for what they say on social networks.”

Just because you invite ‘friends’ to your network, does not mean it is a private conversation.

South Africans will remember a recent case where model Jessica Leandra Dos Santos was stripped of her FHM Modelbook 2011 title. In a moment of anger, she took to Twitter and tweeted an explicit racial slur in response to what she perceived to be sexual harassment in a supermarket. Quicktrim, a sponsor, released her as well. The details of the alleged harassment did not even enter the argument. Her reputation as ambassador for FHM or Quicktrim was irreparably tarnished by one single tweet.

‘Remember that social networking is exactly that – social’, Naidoo warns. ‘Just because you invite “friends” to your network, does not mean it is a private conversation. It is in the public domain. The “freedom” our constitution gives you when affording you “freedom of speech” is not absolute. It does not extend to libel or defamatory statements.’

In a recent labour case from the Clientèle Legal files, a man was called to a disciplinary hearing after accusing his colleagues and boss of being ‘back stabbers’ and ‘two faced’ on Facebook.

Many companies see an employee’s social media activities as an extension of the company…

The company, a large financial institution, charged the employee with Gross Misconduct: ‘You brought the company’s name and management into disrepute in a public domain.’ Even though the person did not name the company, the colleagues or the boss, the Chairperson of the disciplinary hearing ruled the statements malicious and defamatory, plus that the employee had ‘irrevocably broken down the trust relationship between the employee and the company.’ The man was dismissed. The CCMA has upheld dismissals of this nature in the past.

It is also becoming more common for companies to consider looking at Facebook and LinkedIn profiles as part of the interview process when hiring people. They give an overview of what people can expect of you socially and emotionally, as important as the hard skills needed for your job.

Naidoo explains: “Many companies see an employee’s social media activities as an extension of the company, which is why social media policies are put in place by more and more companies. Make sure you know what your company’s policy is.”

Bottom line: Keep work and social lives separate and always be aware of your company / employers Social Media Policy.

Know the law!

At Clientèle Legal, we are committed to providing you with all the necessary South African legal advice you may need to know to help you in your day to day life. This is just another way of us showing you why Clientèle Legal remains one of the preferred choices of legal cover in South Africa.

Below are answers by Prea Naidoo (Clientèle Legal Advisor) to selected Frequently Asked Questions for this month. To send through your questions, email us on:knowthelaw@clientelelegal.co.za

Q: ‘Can I get a criminal record for drunk driving – even if I’ve only had one beer?’

Yes, you can! There are many factors which influence your Blood Alcohol Level. People’s body size and tolerance to alcohol differ. It could also be influenced by whether you have eaten before consuming alcohol.

Even the length of time between your last drink and taking the test could have an influence. You are considered over the legal limit if you have a Blood Alcohol Level of 0.05g or more (0.05g per 100ml).

If you are found guilty of drunk driving, you will have a criminal record, so think carefully whether that one beer is worth it. Fines for drunk driving have increased to a maximum sentence of 6 years in prison, a fine of R120 000, or both.

Clientèle Legal does not in any way endorse or support drinking and driving in any form, however, we acknowledge your rights in this situation.

Bottom line: Don’t drink and drive – call a cab or get a friend to drive you home.

Legal Tips:

• Always have your Clientèle membership card on you;
• Co-operate with the police as much as possible;
• It is your right to make a phone call. Ask for a phone to call your lawyer and follow the advice of your lawyer on what to say;
• Allow your lawyer to talk to the police;
• Let the law take its course.

Q: ‘What are the guidelines for paying my domestic worker?’

The Department of Labour supplies two wage tables. They calculate the guidelines based on the amount of hours they work, as well as the area that you live in. For example, domestic workers who work less than 27 hours a week are paid a different rate to those who work more than 27 hours a week. Also, if you fall within a metropolitan area like eThekweni or Tshwane, you will be required to pay a little more than someone living in a rural area.

It is advisable that you discuss the various guidelines with your domestic worker and draw up an agreement.

For more information, contact your Clientèle Legal advisor or visit the Department of Labour’s website at: www.labour.gov.za.

Walk the talk for a worthy cause

As South Africans we would like to think of ourselves as sporty, but trends suggest we are among the world’s most obese people. According to research conducted in 2010 by drug and healthcare company GlaxoSmithKline (GSK), 61% of us are overweight, obese or morbidly obese.

Over 50 000 walkers converged at Marks Park, Emmarentia on 22 July 2012, to participate in the Discovery 702 Walk the Talk. Among them were well- known personalities such as Baby Jake, reigning Miss South Africa Remona Moodley and Lucas Radebe to name a few.

Clientèle entered the walk as a company for the first time this year, raising R22 770 in the process. The funds raised were donated to the Laureus Sport for Good Foundation, an international organisation dedicated to using the power of sport to produce social change.

The supporters were also entertained by the stunning trio of Lady Licious who mesmerised everyone with live entertainment. Also rocking the stage were bands like Graeme Watkins Project and Clint & Co. Plenty of food was on sale for those who like to exercise as much as they like to eat. 702 Talk Radio DJs’ Alex Gaige and Mc Gayver broadcasted the day’s excitement.

Being part of an event of such size and scale was not without challenges but the support from the staff was amazing. The Clientèle team organisers learnt much from the experience and have set in plans for even bigger success for the next event.