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It is trite, that a legal representative is duty bound to further the interests of his/her client with the required standard of reasonable care and skill. In furthering this duty, acting for multiple clients who have opposing material interests not only affects the ability of the representative to do so, but may also adversely affect the case of one and/or all the clients.

In South Africa, dismissing an employee must be based on one of three fair reasons: misconduct, incapacity (arising from poor performance or ill health/injury), or operational requirements.