The Coating Inspector Course And The Facts You Should Know

This home retailer sold a rental house recently. One of priorities of the realtor was to urge that he gets a professional inspection done of the house to be aware of the damages if any. He thought it was a good idea and agreed. The charge for best home inspections on the condition of the home size is expected to be around $200 and $500.

Hiring a professional firm recommended by his brokerage was what the realtor suggested. Although the seller had previous excellent experience with another inspection firm, he agreed to try the new firm. He met two inspectors and the realtor of the house a few days later. He has understood from experience that it is best to discuss about any problems which have been discovered and the probable cost of repairs.

If you want a completely impartial inspection make certain that the inspector isn’t into repair business too. The two inspectors, who were contracted to do the inspection, had a laptop having the agenda of their work and to store the results of each article inspected. The dirty inspection work like climbing on the roof, into the attic and crawling under the house were done by one of the inspector. The other inspector just stored the results into the laptop.

As the computer was used to make the report, the final report became available in just a day. When the buyer is just waiting for the results of the report before going ahead with the purchase, it is extremely important that the report is made quickly. Most realtors now recommend their home buyers obtain professional inspection reports. The realtor doesn’t want to be accused of hiding the defects of the house from the home buyer and this becomes the main reason for this advice. If the buyer is already aware of the defects when he purchases the house, then the realtor and seller are not at fault.

However, the seller realized, the professional inspectors are open to flaws too. The inspectors appointed by the realtor discovered only a small leak at the furnace’s gas valve and a few loose roof shingles and a faulty window crank. After the inspection report, the seller called a furnace mechanic to repair the furnace but the mechanic refused the presence of any leak. Just to be sure, the next day an inspector from the gas company came out and said he couldn’t find any gas leak, either.

As days passed by, the seller contracted a buyer for the house and employed a contractor to inspect the house. Apart from a few ill fitted roof shingles, the faulty window crank, garage wiring which according to him should be inside of a conduit along with lack of a junction box between the new and old wiring were what he found wrong. The first inspector did not notice the plausible risky electrical flaws in the attic.

When re-inspected, the former inspector accepted that he ignored the wiring which was repaired before the sale was over. However, the inspectors agreed that the house was not fixed to the foundation. Finding this hard to believe, the seller asked his contractor to inspect closer.

On inspection the contractor discovered that it was designed as per 1955 guidelines. However, standards today stressed on using bigger bolts spaced together to increase safety. By the inspection of the two inspectors we can say that home inspection is just like the inspector.

The American Society of Home Inspectors or ASHI has set p tougher rules for its members like passing an exam and supervised assessments. Being a member of ASHI does not assure capability but it does show minimal inspection knowledge. The professional inspectors are people of industries and business so if they commit a mistake in inspection, the reports submitted by them are full of lies and words to misguide the buyer. Let’s take an example of the roof; even if the inspector finds nothing wrong, he would still recommend a professional inspector to check it out again.

Certain Accident Victims Discriminated By The No Fault Law?

Being considered in state legislatures from California to Rhode Island are the no fault insurance plans which already are a law and are being opposed by a well organized and well financed lawyer’s lobby. The no fault proposals according to the American Trial Lawyers Association prohibit people from recovering from the injuries that they acquired which really do not have a certain monetary value. Also, he said that victims of those who settle claims by their own and those who file suit to redeem damages are affected by the said limitations. In Illinois, the aim was to kill the bill which is why the trial lawyers’ group spent $100,000 but they weren’t fortunate with this.

But after the no fault proposal was signed into law, the Illinois Trial Lawyers Association filed a suit. Other groups of accident victims have been disregarded by the law, which is why the State Supreme Court declared it unconstitutional. The group of lawyers in Arkansas and California said that people are controlled of their right to take their problems to the court because of the pending no fault bills. The state Trial Lawyers Association in New York showed its displeasure about the pending bill because it disallows people from suing and not only that, it prevents lawsuits from having the damages compensated.

The counter of trial lawyers is beginning to put their acts together. What they plan to do is to introduce in Congress a Federal Automobile Insurance Reform Act that would contain the tort damage lawsuit right, which in other words is the extreme version of ‘no fault’ that supporters want to get rid of. Also, the trial lawyers’ bill has its very own, no fault provision. What the new Federal government corporation will do is to provide auto accident victims with the rightful compensation taken from the national gasoline tax. It doesn’t matter if these victims have an insurance or not, or if they’re guilty or innocent.

The judgment against a guilty driver and his insurance company would not affect the way how the court will deduct from the amount taken from the government firm, though there would still be the right to sue and collect from the guilty driver. The general manager of the Trial Lawyers Association and professor of the Boston University Law School mentioned that these people who are proven guilty are no longer bothered by the no fault idea because they simple want to retained the wrong legal system. According to him, trial lawyers do believe that the proposed federal corporation has the ability to shoulder over 90 percent of all personal injury claims.

It is accepted that rates for injury liability insurance would definitely decrease because the government paid deductibles and that such facts have been cited. What most states would do now is to probably require such coverage. What might happen is that the government would have to shoulder around $3,000 or more per person. The amount to be given to the victims would be cover in full about 90 percent of all personal injury claims which already covers hospital costs, medical care and even income loss. Not everyone is subjected to benefit from immediate payments, because persons who hit the road while drunk and under the influence of drugs, unlicensed drivers and as well as drivers who have committed a crime against the law would not receive any.

The present collision, property damage liability and auto fire and theft insurance system are not touched by the Trial Lawyers’ bill, but it urges the government to sell such insurance to compete with private companies. Now, there will be a competition between the Government Company and against the private companies because both would be selling personal injury liability insurance. Now, motorists take care of such coverage, but in the future, they would still have to pay for their coverage.

Rhode Island Ri Common Law Marriage – Fact Or Fiction

Fiction- If I live together with my boyfriend for over seven years then we are automatically common law married.

This is a huge urban myth that is completely and totally false! In fact, a couple could live together for 35 years in Rhode Island and still not be common law married! However, another couple could live together for 7 days and be common law married. Article By Rhode Island Divorce and Family law attorney, David Slepkow. (401-437-1100)

How can this be true??

This article only applies to Rhode Island. Also, a vast majority of states do not recognize common law marriages. Please contact Rhode Island divorce and family law lawyer, David Slepkow, to help evaluate whether you can successfully establish a common law marriage in Rhode Island.

In order to establish a common law marriage in Rhode Island, a couple must have “seriously intended to enter into the husband-wife relationship.” Demelo v. Zompa, 844 A.2d 174 “The parties conduct also must be of such a character as to lead to a belief in the community that they were married.” Demelo v. Zompa 844 A.2d 174 “The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstancial evidence.” Demelo v. Zompa, 844 A.2d 174

A crucial element to common law marriage is whether a couple holds themselves out to the community as husband and wife.

I believe that Courts look to several factors in determining if there is a common law marriage. The Court looks at a totality of the circumstances rather than focusing on any one particular factor exclusively. In other words, if one of the following factors doesn’t apply there could still be a common law marriage!

Establishing a common law marriage in Rhode island is analogous to building a brick wall. A single brick alone will not build the wall! Pulling out any particular brick will not cause the wall to fall. Similarly, No one factor usually creates a common law marriage. (perhaps, and I emphasize perhaps, the only exception to this is filing married for your federal income taxes) The absence of a single factor usually does not defeat a common law marriage! (The exception to this may be lack of cohabitation but that is not set in stone. I emphasize may be an exception depending on the facts)

The court may look at whether the alleged wife took the husband’s last name. The woman’s use of husband’s last name indicates that the parties were holding themselves out to the community as married and exhibiting a serious intent to enter into a marriage. If a woman takes a man’s last name and uses the name in public then that will go a long way in establishing a common law marriage. A woman not taking her significant other’s last name will not be fatal to establishing the marriage. Judges are keenly aware that in this day and age, it is common for a woman to use her maiden name after a valid marriage.

The Court will look to see if the parties introduce each other as “my husband” or “my wife” in social settings or when appropriate. The Courts are well aware that married couples usually do not introduce their spouse by his / her first name.

Medical treatment forms, financing applications and other forms may be important to see whether the parties listed the other person as their spouse or even admitted that there was a marriage.

The length of time that the parties lived together may be very relevant . An economic partnership between the parties is also very significant. Joint bank accounts, joint ownership of property, joint accounts, beneficiary designations on retirement plans, insurance applications could all be bricks in a wall of establishing a common law marriage. Please note that these types of factors (such as having a joint bank account together) alone will NOT establish a common law marriage! In this day and age it is very common for boyfriends and girlfriends to live together with joint bank accounts or even, perhaps, owning property together without intending to enter into a marriage. However, the above mentioned factors take on importance in conjunction with other significant factors set forth in this article.

There are a myriad of other factors that could be very important in determining whether or not there is a common law marriage. This includes whether a diamond ring or other ring was given and what hand the ring was worn on.

This article in no way establishes all the factors that could be important in establishing a common law marriage

If the parties cannot agree that there was a marriage then witnesses will need to testify in Court to establish a belief and reputation in the community that the parties were married. In other words does your social circle (friends, family, acquaintances ) believe that you and your significant other are married?

One of the most crucial elements of common law marriage is the tax status that the parties claim on their federal and state income tax forms. If the parties filed married filing jointly or married filing separately then some judges would say that the common law marriage is established. A federal tax document is a very significant document and most people know the importance of being truthful when filling it out. I would tend to agree that if the parties filed their taxes as married then they are probably in fact married! If the parties filed as married filing jointly and then one of them denies the common law marriage then they are in a perjury trap. Either they lied to the IRS or they are lying to the Court. Filling single will not be helpful to establish a common law marriage however it is not fatal.

How could a party be common law married after 7 days? Hypothetically, boyfriend and girlfriend invite all their friends to a party which is not officially a wedding. No marriage certificate is sought or obtained by the couple. However, at the party the couple announces to all their friends and family in attendance that they are married, they move in together the next day. The girlfriend puts him on her health insurance. They are probably married by common law after just a week!

If you believe that you are common law married and want to terminate the relationship then you need to file for divorce in Rhode Island family Court seeking to establish the elements of the common law marriage.

Interviewing a Rhode Island Divorce Lawyer! One Question a Divorce Lawyer Should Know!

How does a Rhode Island divorce lawyer who is seemingly competent make the mistake of advising clients and people in general, through writings, articles, press releases or other literature or publications that Rhode Island is a NO FAULT state when it comes to divorce?

I’ve seen this on several lawyer’s websites and I’ve seen this on generic legal sites that try to entice you to come to their sites so they can help hook you up with a legal referral service from which I can only presume they receive some kind of kickback or monetary remuneration.

Yet for heaven’s sake, shouldn’t a lawyer at least get the fundamentals right! It’s no wonder lawyers have a bad name when lawyers go out of their chosen field of expertise and give answers that are incorrect simply because they don’t want to lose a client or appear inept. This becomes a stereotype that is then applied to all lawyers.

Well, let me set the record straight. Any lawyer, whether they are licensed to practice law in Rhode Island or not, who tells you that Rhode Island is a NO FAULT state when it comes to divorce, simply does not know what they are talking about. Frankly, if after reading this article you go ahead and hire such a lawyer then you deserve exactly what you get.

This is and should be an easy question for any Rhode Island lawyer who professes to practice before the Rhode Island family courts. Even if it isn’t known off the top of the lawyer’s head, he or she should be able to look up the answer in a matter of 60 seconds.

Here’s a quick lesson. A state that is considered a NO FAULT divorce state is one in which divorces are not granted based upon the fault of either party. In other words all grounds for divorce in that “NO FAULT” state are not based on the fault of either party.

I’ve heard it stated by Rhode Island lawyers and I’ve even seen it published by Rhode Island lawyers that Rhode Island is a NO FAULT divorce state. WRONG! WRONG! WRONG!

Frankly, I don’t have to tell you it’s wrong at all. The Rhode Island General Assembly that makes the laws of our state has already said it.

Though Rhode Island Family Court judges and most parties prefer divorces that are based on irreconcilable differences (which WOULD be a NO FAULT divorce) that is not the only grounds for divorce. The following section of the Rhode Island General laws spells out the additional grounds for divorce as follows:

15-5-2 Additional grounds for divorce. – Divorces from the bond of marriage shall also be decreed for the following causes:

(1) Impotency;

(2) Adultery;

(3) Extreme cruelty;

(4) Willful desertion for five (5) years of either of the parties, or for willful desertion for a shorter period of time in the discretion of the court;

(5) Continued drunkenness;

(6) The habitual, excessive, and intemperate use of opium, morphine, or chloral;

(7) Neglect and refusal, for the period of at least one year next before the filing of the petition, on the part of the husband to provide necessaries for the subsistence of his wife, the husband being of sufficient ability; and

(8) Any other gross misbehavior and wickedness, in either of the parties, repugnant to and in violation of the marriage covenant.

Now, if any Rhode Island lawyer who professes to you that Rhode Island is a NO FAULT state. Please have him or her explain to you how each of these items lacks a condition or action by either one or both parties that is not fault based. Then, please give me a call and explain it to me.

My point is simply this. Rhode Island is NOT a NO FAULT divorce state. This is an easy way to determine if the lawyer you are considering engaging for your divorce matter knows what he or she is talking about or not. If you ask the lawyer if Rhode Island is a NO FAULT divorce state and he or she says “yes” . . . then I highly recommend finding a new lawyer to interview.

Article Source: http://EzineArticles.com/1417972

Rhode Island Lawyers – What’s A Legal Whore?

Recently I heard the term “legal whore” mentioned in the context of Rhode Island divorce attorneys. I let it pass and didn’t think much of it until I heard it again from someone else in the same context. For whatever reason, the term kept haunting me because frankly, I didn’t know what it meant.

Perhaps I am naive as Rhode Island attorneys go or perhaps it is a new slang or a concept in the legal vernacular that I simply hadn”t been exposed to. To my surprise, I found what I believe to be what was being discussed on those two occasions.

To be clear, I did not create this definition, or coin it, or do anything other than discover it in the course of trying to place the term in the context of conversations that I have only partially overheard.

My reasoning and questioning has lead me to the conclusion that a “legal whore” as referred to in the conversations I heard in Rhode Island is a Rhode Island attorney who will do virtually anything for money provided the conduct does not directly violate the letter of the Rhode Island Professional Rules of Professional Conduct.

The idea here is that if a reasoned argument can be made by the attorney that he or she has not violated the rules of professional conduct, then the attorney’s actions are justifiable even if they are offensive to others or morally reprehensible to the average person.

The phrase struck a nerve with me and actually has more significance than I would have imagined. In general that argument can be made that a legal whore is a legal practitioner who will screw anyone over for money provided they don’t . . . for lack of a better phrase . . . get caught with something . . . or as the analogy would suggest . . . “catch something”.

I have a case right now that strikes a chord with me. I represent a good client. This client had a child with her ex-husband. Generally, this man strikes me as control freak hell bent on having things the way he wants them, regardless of the cost or the damage he leaves in his wake. For going on a decade this ex-husband has hired Rhode Island family court lawyers one after the other to haul this poor woman back into court to try to have her adjudged in contempt and sent to the ACI.

In the last court volley, this mother agreed to a substantial concession of child support which I estimate may have been as much as $8,000 in order to end this chaos and stop the all frustration to her and aggravation to their child who is more than old enough to understand that her dad is just trying to hurt her mom.

In the last order, it was agreed that the standard would be that the father would be given about two weeks notice of any changes in visitation for the given month. The order also provides that if any visitation is missed, that it shall reasonably be made up within that year. Keep in mind that the father lives several states away (approximately 4 hours of driving one way). The same attorney has been on the case for the father for the past few years and has argued adamantly for his client, though this Rhode Island attorney is well aware of the father’s intentions. In each instance the attorney has argued that his client has an “arguable basis” for every motion that has been pressed and that as a Rhode Island attorney he or she has the obligation to make any such arguments for the client.

One particular visitation involved both scheduling and transportation problems that arose after the two week period noted in the Order. The father himself expressed to the child and the mother (my client) that “this could be the visitation weekend that she misses and makes up later in the year”.

Several weeks later the father denies making the statement, claims he wasn’t given the two weeks notice and now is having his attorney press a motion to adjudge the mother in willful contempt and to either fine her or sentence her to the ACI to teach her a lesson. The father has apparently expressed directly to the child that this is precisely what he is doing to the mother but as he has done in the past, he will take the stand in court and make a vehement and convincing denial that he ever said anything.

Without question I have not difficulty expressing that I have no respect or compassion for fathers who act in such a destructive manner more than a decade after the divorce is over. However, it is even more troubling to know that the attorneys who represent this man do so under the guise that they are protected by the Rhode Island Rules of Professional Conduct. In circumstances such as these an attorney is not prevented from taking on such a case nor are they curbed from their zealous advocacy for their client, but rather the Rhode Island Rules of Professional Conduct actually impose a duty of zealous advocacy on the attorney for any matter that he or she chooses to undertake, provided there is an arguable basis in fact, in law, or by a reasonable argument for he modification of existing law.

A Rhode Island Divorce or Family Law attorney may then, if he or she finds any arguable basis whatsoever, no matter how small, must advocate zealously for the rights of his or her client if he or she undertakes the representation of the client in the matter.

The most troubling factors here are two-fold. First, as attorneys we have the right to refuse cases. This is our livelihood and we may accept and reject the cases we want to handle. So, in the first instance it becomes a matter of choice to the attorney. Now, it is perhaps understandable that an attorney might first undertake a client in what appears to be a noble, warranted or just cause at a time when the attorney is not aware of all the facts and circumstances. In these instances I believe it would be improper to refer to those attorneys as either disreputable or as “legal whores” as has been mentioned as the topic of this blog article.

The difficulty arises as to the reputation and character of the attorney when he or she continues to represent a client who, although he or she may have an arguable claim, is not injured by the alleged wrong and is simply raising the issue to injure another party.

What then is the attorney to do?

The Professional Rules of Ethical Conduct would allow the attorney to continue the representation and continue being paid (the attorney’s motivation) or to determine if the attorney finds the client’s conduct of such a nature that he or she finds the action being instructed by the client to be morally offensive or repugnant, such that he or she moves to withdraw from the case.

So what then is a legal whore? Alas, Mr. Webster has not advanced his wisdom thus far and so I am left to speculate as to what it is to my own mind.

It is perhaps that a legal whore is an attorney, who advances a course of action for his client for a purpose other than securing the client’s alleged rights, but knowing full well that the intention of the client is to achieve some other agenda (i.e. punishing another person by sending them to the ACI to teach them a lesson) and not simply for the purpose of achieving what he or she asserts in their court filings is, his or her client’s rights.

I can find nothing more insulting to the legal professional that propagates the common conception that attorneys are cheats, liars, scoundrels and are just out to screw someone over for a few dollars, than the scenario I have alluded to.

Attorneys, who advance a cause based purely upon rationally based argument knowing full well that the relief sought is not to resolve the matter or insure the client’s rights, but rather to prolong or delay a court proceeding . . . or to simply punish another party because the means may be taken within the bounds of the attorney’s code of ethics . . . may end up being wealthy.

In the end, however, you may wish to consider if these lawyers are the “legal whores” that hold up the legal profession to shame and ridicule for remaining within the bounds of their ethics while leaving behind all sense of decency, fairness and moral integrity.

Article Source: http://EzineArticles.com/476542

MTN’s empowerment scheme failed to fly

MTN’s decision to have a share placement at the same time as its new black economic empowerment (BEE) scheme was just one of several reasons the BEE scheme flopped.
MTN’s empowerment scheme failed to fly
© auremar – 123RF.com
This was the view of a BEE fund manager on Tuesday, 29 November, after the cellphone group announced it had raised R2.3bn through the placement of 21-million shares. The money will be used to pay MTN Zakhele shareholders who are cashing in.

Although the placement volume was small, it was another factor contributing to the generally bearish sentiment around MTN and helped to explain why the new MTN Futhi scheme failed to raise the modest R2.5bn targeted.

BEE schemes are not meant to be free, but they are meant to be sufficiently attractive to ensure success. Even the recent ridiculously overpriced DisChem initial public offering was seven times oversubscribed. The take-up of the MTN Futhi offer fell R500m short of its R2.5bn target – a 20% shortfall.

Analyst Riaz Gardee described the latest MTN BEE scheme as far less promising than the group’s previous initiatives. “Investors will have to consider MTN’s prospects over the next eight years as well as the ability of the management team to deliver in the current phase of the company’s life cycle,” said Gardee, alluding to the much tougher operating environment.

The scheme was rushed, it was unnecessarily complicated and it was badly priced, said the fund manager. The dismal results of the scheme represent an appropriately awful end to a truly annus horribilis for a cellphone company that for so long could do nothing wrong.

But in 2016, MTN continued to battle to persuade the Nigerian government not to impose a staggering $3.9bn fine for issuing unregistered SIM cards. And it was a year in which it struggled to appoint executives capable of rescuing its reputation from the selfinflicted damage in Nigeria.

Share price volatility throughout the year marked it as an inappropriate time to launch a new BEE scheme. That the MTN board did not opt to roll over the existing MTN Zakhele scheme for an extra year or two was probably the first mistake. At the planning stage, the MTN share price was at about R130; the board may have felt it was worth the risk and that there was no need to set a fixed price. But by the time the offer closed, the share had worked its way down to R112. For MTN Zakhele shareholders who had invested R20 back in 2010, the R112 at which they were going to be bought looked grimly disappointing.

By the end of 2014 MTN was trading at R250. For aspiring MTN Futhi shareholders, the group’s grim recent history did little to encourage an investment that will be locked for eight long years. Those who could afford to and were prepared to convert from MTN Zakhele into MTN Futhi were faced with a dauntingly complicated process.

“It was a nightmare for us and we’re reasonably sophisticated,” said the fund manager. “The lawyers were allowed to run rampant and the resulting documentation must have discouraged a lot of potential applicants.”

It may be the MTN board is still too focused on its Nigerian troubles to give its South African transformation requirements the necessary attention. MTN did not respond to requests for comment on the MTN Futhi take-up.

Gambia warned on human rights violations

The Office of the United Nations High Commissioner for Human Rights (OHCHR) has sounded the alarm over the fact that two journalists in Gambia have been held for more than two weeks without access to lawyers or their family members.
Image by 123RF
Image by 123RF
The National Intelligence Agency has arbitrarily detained Momodou Sabally, head of Gambia’s Radio and Television Services, and Bakary Fatty, one of its reporters, since 8 November with no charges. The country arrested another journalist on 10 November who was freed six days later without charges.

Others are also currently being detained incommunicado, including a magistrate, an opposition supporter, and a former Deputy Minister of Foreign Affairs, said a press release from OHCHR.

OHCHR is calling on the Government of Gambia to release all those who are being detained for simply exercising their rights

Earlier this year, 30 members of Gambia’s main opposition party were sentenced to three-year prison terms after they participated in peaceful protests in April.

According to Rupert Colville, spokesperson for OHCHR, incommunicado detention without charge is a violation of the Gambian constitution, which requires detainees to be brought before a court within 72 hours. It also violates the country’s human rights obligations.

Gambia’s presidential elections are to be held on 1 December.

“In the run up to the presidential elections,” said Colville, “it is particularly crucial that the rights to freedom of expression, peaceful assembly and association are fully respected.”

Moreover, he noted that detaining journalists “is likely to intimidate the media in general, which is particularly damaging in an electoral context”.

OHCHR is calling on the Government of Gambia to release all those who are being detained for simply exercising their rights; and expressed concern over the continued failure of authorities to investigate the deaths of Embrima Solo Krummah, a member of the opposition, and Solo Sandeng, the opposition leader, that occurred while they were held in custody earlier this year.

Employees get a little more festive cheer on their leave calendars

Many South Africans spend a large part of December and January on leave celebrating the holidays with friends and family.
Employees get a little more festive cheer on their leave calendars
© Gennadiy Poznyakov – 123RF.com
Four public holidays fall during December and January each year: 16 December is the day of Reconciliation, 25 December is Christmas Day, 26 December is the day of Goodwill and 1 January is New Year’s Day. These are four out of 12 public holidays provided for by the Public Holidays Act, No 36 of 1994 (Act).

The Act provides that “whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday”. The court has confirmed that where a public holiday falls on a Sunday, it does not cease to be a public holiday on the Sunday, the Monday following the public holiday is an additional public holiday.

This year 25 December 2016 falls on a Sunday. This means that the following Monday, 26 December 2016 shall also be a public holiday. However, 26 December 2016 is already a public holiday in terms of the Act.

The 2016 calendar gives rises to a situation where the “additional public holiday” on the Monday falls on a day already scheduled as a public holiday. President Zuma has, however, declared an additional day a public holiday in 2016, that being Tuesday, 27 December 2016. Questions arise as to whether an employer is obliged to pay an employee for the Sunday and Monday or only one of these days.

The legal position in this regard is as follows:

If an employee works on a public holiday, the employer must consider the provisions of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) when determining the amount to pay the employee. In particular, the employer must consider whether the public holiday falls on a day on which the employee would ordinarily work. If the public holiday falls on a day on which the employee would ordinarily work and the employee works on that public holiday, the employee is entitled to double his/her ordinary wage for the day or, if greater, the employee’s ordinary wage for the day “plus the amount earned by the employee for the time worked on that day”. However, if the employee does not work on the public holiday which falls on a day the employee would ordinarily work, the employee is entitled to his/her ordinary wage for the day.

If the public holiday falls on a day on which the employee would not ordinarily work and the employee works on that public holiday, the employee is entitled to his/her ordinary wage for the day and “the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method”. Importantly, the Labour Appeal Court has held that based on an interpretation of the Act, if the public holiday falls on a Sunday, the Sunday remains a public holiday in addition to the following Monday.

In other words, an employer is required to treat both days as a public holiday and to remunerate an employee accordingly with reference to the abovementioned provisions of the BCEA depending on whether the employee works on such public holidays. It follows that in those instances where the public holiday falls on a Sunday, employees shall enjoy an additional public holiday for the year in question. The same applies in respect of Sunday, 1 January 2017 where both that day together with the following Monday are deemed to be public holidays.

Rhode Island Divorce – The Best Rhode Island Divorce Lawyer Or Attorney For You!

As a Rhode Island lawyer who has preferred to aim my follow in the spot of divorce and household regulation, as well as a guy who tried out to seek advice from with lawyers just before I went as a result of my personal divorce, I have appear to an individual summary that I firmly believe. If you really don’t engage an legal professional who cares about people and who cares particularly about you and your case, then you’ve decided on the completely wrong divorce lawyer.

That’s proper. It can be my feeling that CARING is the greatest aspect to be thought about when hiring your Rhode Island Divorce or Household Legislation Lawyer.

Why? Believe that about it! In inescapable fact presume about many people in typical and how they imagine.

So, let us get started with with YOU!

When you care about a specific thing . . . your boy or girl, your wife, your vocation, your investments, your automotive or bike, and so on. . . What do you do? What do you presume about?

When you care about one thing like that it means that some thing to you never you do what you can to require care of it . . . boost it . . . give good results arduous for it . . . preserve it . . . and in some cases even die for it! That’s specifically what you do! That’s exactly what all people does simply because that is human mother nature.

We acquire care of the matters and most people that we treatment about. We don’t throw them to the aspect and disregard them. We do not abuse them. We do not damage them.

Human character is such that we as people do the most we can based mostly upon how a great deal we care about that detail. When folks treatment they will move mountains for the factors and consumers they treatment about.

So why is caring necessary?

That’s the Solution!

If you have an attorney who really cares about you and your situation as I do for my valued clients, their conditions and their belongings, you do regardless of what you can to take treatment of them.

Sure any attorney will nonetheless do what is necessary to insure that he or she will get compensated some kind of rate for the operate getting done for you mainly because that’s that divorce or family lawyer’s livelihood… with no that he or she just doesn’t survive.

However when you find a caring legal professional it’s not about the total of the cost . . . it’s about YOU. It can be about caring about YOUR Lifestyle, and YOUR Belongings and working on what is vital TO Aid YOU get via the turmoil, sometimes at the cost of the attorney’s personalized time or at his or her price.

We’re out there. Some of us care and we’re listed here to guidance you not having charging you the $300+ an hour that some lawyers think you need to have to fork out them.

Glance for the caring legal professional and my bet is that you’ll be improved off almost every time.

1) What is title insurance policies? How much does it fee? Will need to I acquire it?

Owner’s title insurance policies shields the Purchaser of a house towards undiscovered liens or defects in the title prior to the time of obtain.

Rhode Island Divorce – The Suitable Rhode Island Divorce Lawyer Or Attorney For You!

– Divorces from the bond of relationship shall also be decreed for the following leads to:

(one) Impotency

(2) Adultery

(three) Severe cruelty

(four) Willful desertion for five (five) decades of both of the get-togethers, or for willful desertion for a shorter period of time of time in the discretion of the court

(five) Continued drunkenness

(6) The habitual, excessive, and intemperate use of opium, morphine, or chloral

(7) Neglect and refusal, for the time period of at the very least one particular year subsequent well before the submitting of the petition, on the part of the husband to provide you with necessaries for the subsistence of his wife, the husband currently being of sufficient power and

(8) Any other gross misbehavior and wickedness, in either of the get-togethers, repugnant to and in violation of the marriage covenant.

Now, if any Rhode Island law firm who professes to you that Rhode Island is a NO FAULT state. You should have him or her demonstrate to you how each and every of these objects lacks a ailment or motion by possibly one or both of those events that is not fault centered. Then, remember to give me a contact and justify it to me.

My place is just this. Rhode Island is NOT a NO FAULT divorce state. This is an very easy way to pinpoint if the lawyer you are thinking about participating for your divorce matter is aware what he or she is chatting about or not. If you ask the attorney if Rhode Island is a NO FAULT divorce state and he or she states “yes” . . . then I highly advocate finding a new attorney to job interview.

In your Rhode Island divorce proceeding I am totally . . . positively several that the most crucial final choice you will make all through the full divorce approach is the selection of the individual to signify your interests.

As a spouse, father, layman and now an legal professional for men and females I make this statement from just about nearly every perception you can think about. Your final decision on whether you present by yourself or which legal professional you keep to represent you in your divorce will make a monumental difference.

Selecting the right Rhode Island lawyer to depict you in your Rhode Island divorce make any difference is not the easiest point to do so below are just a very few items you want to consider.

1. How a large number of divorce circumstances does the legal professional take care of in a 12 months?

2. What is the aim of the attorney’s apply? For example, is it divorce and family unit law or does the lawyer handle a great quantity of unique injuries situations?

three. How considerably does the legal professional charge for every hour and what expenses does that incorporate?

4. Does the attorney have to choose from references to divorce and/or loved ones law shoppers who would be inclined to communicate with you about his or her expert services and what is the association of those people customers to the attorney (i.e. brother-in-legislation, mate, etcetera… or a referred consumer).

five. Does the lawyer handle costs and expenditures first of all before even speaking about your difficulties with you? (i.e. does he or she look far more intrigued in dollars problems than in working with you concerning your scenario…)