Legal updates and opinions
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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 [...]
Imminent Changes to US Immigration Program
There has been a lot of recent media attention surrounding the EB-5 Investment Visa Program, and for good reason. South African residents are not able to [...]
IFLR1000 Financial and Corporate Rankings 2020 Edition
IFLR1000 has released its latest rankings which reflects our market standing within the financial and corporate practice areas. This is a sector-specific guide which covers the [...]
The major cyber security risks to your business
by Ahmore Burger-Smidt, Head of Data Privacy Practice Online security is one of the most important things to consider in today’s business world. Much is made [...]
Average data breach costs SA companies R50m
With data breaches becoming commonplace it seems as if businesses need to now consider not whether they will be victims of a data breach but rather [...]
I PAID HIM MORE BECAUSE HE ASKED FOR MORE
By Bradley Workman-Davies, Director Case law is beginning to develop the South African labour law around unfair discrimination which has arisen since the introduction of the [...]
New EEA Form Issued In Terms Of The Employment Equity Act
By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director Section 27(1) of the Employment Equity Act 55 of [...]
The Failure To Communicate An Extension Of Probation Does Not Always Amount To A Confirmation Of Permanent Employment
By Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Jacques van Wyk, Director ISSUE Whether an employee is a permanent employee at [...]
NO MANDATORY REQUIREMENT FOR SOUTH AFRICANS TO JOIN FUND UNDER NHI BILL AS CURRENTLY PROPOSED
By Neil Kirby, Director The publication of the National Health Insurance Bill [B11-2009] has resulted in much public comment as to the future of healthcare in [...]
THE LAW ON LAND INVASION
By Anele Ngidi, Director Land invasions have become an all too familiar fixture of our daily headlines. Images of occupiers against law enforcement and sometimes also [...]
HAUNTED BY THE PAST … UNTIL WHEN SHOULD HISTORIC CARTEL CONDUCT SPOOK YOU?
By Rudolph Raath, Director and Megan Livingstone COMPETITION COMMISSION V PICKFORDS REMOVAL (167/CAC/Jul18) How long does a firm remain at risk after having ceased contravening the [...]
ARE YOUR CONTRACTS WITH SUPPLIERS / CONTRACTORS SUFFICIENT TO ENSURE COMPLIANCE WITH POPIA?
By Tebogo Sibidla, Director and Kirsten Whitworth, Senior Associate In anticipation of the coming into operation of the Protection of Personal Information Act, 2013 ("POPIA"), many [...]
SUPERMAC VS MCDONALDS – THE TRADE MARK BATTLE CONTINUES
By Donvay Wegierski, Director The European Union Intellectual Property Office (EUIPO) has partially cancelled McDonald's EU trade mark registration for MC. Favouring the non-use application brought [...]
PROPOSED TIGHTENING OF THE ANTI-DIVIDEND STRIPPING PROVISIONS
By Erich Bell, Director and Ryan Damon, Candidate Attorney During 2017 and 2018, several changes pertaining to the tax treatment of share buy-backs and so-called "dividend [...]
