Rafi Weiner, a Partner at Ashersons, joined the firm in 1981 after having completed his articles.
Rafi was awarded a B.Proc degree by the University of Cape Town (UCT) in 1980, and in 1992 he completed his LLM also at UCT.
Rafi was admitted as an attorney in both South Africa and Lesotho in 1983, and in 1989 he was admitted as an attorney in Namibia – then South West Africa.
His areas of expertise include Family, Aviation and Administrative Law where he is one of a few attorneys in Cape Town who represent outdoor advertising companies.
He also has extensive experience in Commercial Litigation, where he specialises in Insolvency and Commercial Law. He has more than 30 years’ experience in the drafting and preparation of commercial agreements.
Rafi also has expertise in Criminal Law, particularly with regard to asset forfeiture and commercial and customs fraud.
Dismissed for Criticising a Mine’s “No High Heels in the Workplace” Rule1 October 2022-Employers have a general duty to ensure health and safety in the workplace. But as a recent Labour Court case illustrates, policies dealing with these issues must be correctly drawn, implemented and enforced. A mine’s “no high heels” policy challenged A mining operation introduced a health and safety policy, applicable to all employees, requiring that: […]
New Ruling on Divorce Assets: How Does it Affect You?8 June 2022-You may have read of the recent High Court decision in GKR v Minister of Home Affairs and Others, Gauteng Division (Pretoria) Case No: 40023/21 declaring a section of the Divorce Act invalid. To understand the importance of this new ruling for many couples about to divorce (and for all couples about to marry), let’s […]
Fired For Moonlighting1 March 2022-“Moonlighting” is the practice of employees boosting their monthly income with a “side-job” or “side-business”. It has been a feature of working relationships since the dawn of history, but now the pandemic lockdowns and the shift to the “gig economy” (where independent contractors and freelancers are paid for short-term assignments) have seen dramatic increases in […]
Divorce: Claiming Interim Maintenance and a Contribution to Legal Costs12 January 2022-Even if your marriage is collapsing around you, you might be afraid to sue for divorce because you have no money to survive on, plus you know that a hotly contested divorce might take years to finalise while your breadwinner spouse fights you tooth and nail every step of the way. How will you support […]
When Can a Shop Be Sued for Damages If a Customer Falls?1 December 2021-The Festive Season is once more upon us, cueing shops, shopping centres and malls packed with ever-growing crowds of shoppers. What happens if you fall while shopping and hurt yourself? Our law reports are full of cases where shops are sued for damages following “slips” and “trips”, and a recent High Court case of Holtzhausen […]
Fired for a Racist Facebook Post2 November 2021-“The seriousness and gravity of offences involving racism and racial hatred cannot be over-emphasised. Employers are under a duty to provide a safe working environment and to protect all employees from harm, whether physical or emotional, whether they are black or white. An employer can be held liable for failure to take any action against […]
A Million Rand Warning: Act When Employees Reach Retirement Age1 September 2021-Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged and productive. Increasingly, both factors are at play. Regardless, the concepts of an aging workforce and “65 is the […]
Spousal Maintenance After Divorce and the “Clean Break” Principle5 July 2021-Our courts always prioritise the interests of children in any marital breakup, and child maintenance orders are accordingly tailored to ensure that both parents honour their obligations to support their children financially – to the extent that each spouse is able to do so, and for so long as is necessary. Spousal maintenance on the […]
The Butcher Who Went to Work With COVID-197 June 2021-The COVID-19 pandemic has exposed both employers and their employees to a whole new slew of risks. One of the more serious is the danger of infected employees coming to work and by doing so endangering the lives of not just their colleagues, but also customers and anyone else unfortunate enough to come into contact […]
Employers: Beware the “Casual Worker” Myth!13 May 2021-Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many employers struggling financially in these hard times, is not only unfair to […]
Can an Employee Who Refuses Vaccination be Fired?1 April 2021-Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant number of people will refuse to be vaccinated. The reasons given for this stance have been many and varied, some mainstream and reasonable, others less so. Perhaps some of […]
Workplace Bullying – Can You Claim Constructive Dismissal?14 January 2021-An employer may be tempted, when an employee resigns, to breathe a sigh of relief and think “great, I got rid of a problem without having to jump through all the hoops of a disciplinary enquiry/retrenchment process”. Not so fast! One of the protections our law provides to employees is the “constructive dismissal” concept, and […]
Cannabis in the Workplace: Can You Dismiss?2 December 2020-A recent CCMA (Commission for Conciliation, Mediation and Arbitration) ruling, in which an employee’s dismissal for smoking cannabis before work was set aside and he was re-instated, has garnered a lot of media attention. Unfortunately, some of the resultant articles and headlines may have given the inaccurate impression that employees are now free to report […]
Lockdown “Admission of Guilt” Fines – The Criminal Record Risk3 August 2020-Breaking any of our lockdown laws can be an expensive business, risking heavy penalties. If you are accused of a contravention and offered the option of paying an “admission of guilt” fine to avoid a court appearance, beware! It may seem like the easy way out to pay up and put the whole thing behind […]