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WERKSMANS SUPPORTS START-UPS AND SMALL BUSINESSES
Beyond the need to merely operate as a top-ranked highly successful corporate and commercial law firm, Werksmans strives to make a difference in all we do. [...]
CARRYING WEAPONS DURING STRIKE ACTION: POTENTIAL GROUND FOR DISMISSAL
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether an employer is justified in dismissing employees carrying weapons [...]
WHERE A FAILURE TO CONDUCT JOB GRADING DEPRIVES AN EMPLOYEE OF BENEFITS IT MAY AMOUNT TO AN UNFAIR LABOUR PRACTICE
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the failure to implement a performance management system in [...]
NEW CORRECTED MINIMUM WAGE RATES FOR WHOLESALE AND RETAIL SECTOR
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 14 October 2019 the Minister of Labour and Employment published [...]
STRIKE OUT ON THE BALLOT
By Sandile July, Director; Lisa Appelgryn, Associate; and Luyanda Mthimkhulu, Associate Section 23(2) of the Constitution of the Republic of South Africa, 1996 provides that every [...]
HANDS OFF MY RETIREMENT BENEFIT! NOT SO QUICKLY…
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Providing an employee with retirement benefits, either in the form of a pension fund or provident [...]
BRAND OWNERS: ARE YOU BREXIT READY?
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. The UK remains [...]
SARS PROVIDES CLARITY ON DONATIONS TAX
By Robyn Armstrong, Senior Associate Reviewed by Ernest Mazansky, Director On 1 October 2001, the rate of donations tax levied on donations made by residents dropped [...]
COMMON LAW SET‑OFF AND THE NATIONAL CREDIT ACT, 2005
By Tracy-Lee Janse van Rensburg, Director In terms of the recent judgment handed down by Keightley J in the matter between the National Credit Regulator and The [...]
B= BREXIT – ADVICE TO BRAND OWNERS
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. Our advice to [...]
CANCELLED OR PARTIALLY CANCELLED TRADE MARKS – SOME TAKE AWAYS
By Donvay Wegierski, Director The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC and partially [...]
BANKSY AND GROSS DOMESTIC PRODUCT
By Janine Hollesen, Director We have written about the risks of not using a trade mark which could lead to the mark being removed from the [...]
CANNABIS REMAINS ABUZZ
By Donvay Wegierski, Director An adult may possess and use cannabis in private for personal consumption in South Africa. This is according to the South African [...]
Recognising subtle forms of sexual harassment in the workplace
The #METOO movement has correctly focused public attention on inappropriate workplace conduct. After all of the media attention, the obvious ways in which sexual harassment can occur [...]
All beliefs are created equal – or are they?
Did you know that your beliefs may be protected by labour laws? But how far do these protections extend – would you be protected for climate [...]
Salary discrimination not automatically unfair
Unfair discrimination on the basis of an inequality in pay - between male and female staff, or staff of different ethnic or racial groups or any [...]
False workplace racism allegations increasingly punished by courts
The problem of being accused of racism, when the allegation is untrue, is starting to come to the fore and increasingly tested by our legal system. [...]
Business must protect the data of all South Africans
If your business has met all the requirements of European data privacy regulations, do you then also comply with South Africa’s Protection of Personal Information Act [...]
Civil damages or even class action suits a possibility for companies failing to protect customer data
by Ahmore Burger-Smidt, Head of Data Privacy Practice Companies that fail to protect their customers’ personal information may face class action suits once the Protection of [...]
Secretly Recording Your Boss: Allowable Under RICA But Problematic Under The LRA
By Bradley Workman-Davies, Director Very recently, the Amabhungane Centre for Investigative Journalism challenged portions of the Regulation of Interception of Communication and Provision of Communication Related [...]
The Importance Of Having A Justifiable Reason For Fixed Term Employment
By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Jacques van Wyk, Director ISSUE Whether the termination of an employee's fixed term contract [...]
Fringe Benefit Resulting From The Payment By An Employer For The Provision Of Tax Consulting Services To Its Expatriate Employees
By Erich Bell, Director In the recent case of BMW South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service (1156/18) [2019] ZASCA [...]
When Is A Final Award Final?
By Pierre Burger, Director One of the cardinal sins an arbitration tribunal can commit is to deliver a final award that is not in fact final, [...]
The Case Of Copy-cat Packaging
By Janine Hollesen, Director, Head of Intellectual Property Practice Not only must a manufacturer of products consider whether the packaging would constitute trade mark or copyright [...]
POPIA and RICA – ACRONYMS AND PRIVACY
By Ahmore Burger-Smidt, Head of Data Privacy Practice In digital era, privacy must be a priority. Is it just me, or is secret blanket surveillance obscenely [...]
