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At Welman and Bloem Incorporated we strive to achieve results that exceed expectations through our dedication to our clients, being accessible, efficient, and responsive. We are oriented toward growth and strive for excellence in the legal services field with the continued support and belief of our clients.

MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances. Medica...
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PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS

When does prescription begin to run? We see that subject to the provisions of subsections , and of section 12 of the 1969 Prescription Act, extinctive prescription in respect ...
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WHAT IS AN UNLAWFUL ARREST?

Law enforcement members such as officers or officials of the South African Police Service or Metro Police is not allowed to arrest a person or just take a person into custody w...
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CALCULATION OF EMPLOYEE’S REMUNERATION

GN 691 OF 23 MAY 2003: CALCULATION OF EMPLOYEE'S REMUNERATION IN TERMS OF SECTION 35 OF THE ACT With compliments from the Department of Labour… The ...
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OVERPAYMENTS

In terms of section 35 of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employ...
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WHAT IS A BENEFIT?

Sadly, there is no definition of “benefits” in the Labour Relations Act, No. 66 of 1995 . Over the years the Labour Court and the Labour Appeal Court have had to try to make ...
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UNLAWFUL ARRESTS AND DETENTION

If you have been arrested for something you did not do, or arrested and detained in a wrongful manner and on unlawful grounds, then you may have sufficient reason to submit a wr...
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PRESUMPTION AS TO WHO IS EMPLOYEE

We find guidance in section 83A of the Basic Conditions of Employment Act. A person who works for, or renders services to, any other person is presumed, until the...
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LONG AWAITED PARENTAL LEAVE

Section 25A of the Basic Conditions of Employment Act applies. An employee, who is a parent of a child, is entitled to at least ten consecutive days parental le...
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