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“So the wolf showed his teeth” – not again Facebook!
by Ahmore Burger-Smidt, Head of Data Privacy Practice "Little pigs! Little pigs! Let me in! Let me in!" "No! No! No! Not by the hairs on [...]
Access, equality and health
National Health Insurance Bill The current process to construct a national health insurance scheme for South Africa is currently underway. The first phase, of what will [...]
When the dispute relates to personal information – the discovery vault
by Ahmore Burger-Smidt, Head of Data Privacy Practice A number of articles have been written and comments made in the media in relation to hundreds of [...]
“WHAT CONSTITUTES HATE SPEECH?” – THE EQUALITY COURT ANSWERS
What constitutes hate speech On 5 October 2018, Sutherland J handed down an important judgment in the discourse of what constitutes hate speech in terms of [...]
The admissibility of evidence related to discussions held during a conciliation hearing
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can the Labour Court receive and rely on evidence related to discussions held during a [...]
Does a gross failure in procedure expose an employer to the risk of maximum permissible compensation even if there is a justification for the dismissal?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE If a retrenchment was unavoidable, can the employer skimp on the retrenchment process or would [...]
#metooza – sexual harassment in the workplace in south africa
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorne Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and [...]
Do restraint of trade agreements survive a transfer of a business as a going concern?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are restraint of trade agreements transferred in terms of a section 197 transfer of business [...]
Reviewing an arbitrator’s misconception of the nature of an enquiry
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether, by finding that the employer should have followed an incapacity procedure instead of misconduct [...]
Is an unfair dismissal claim subject to prescription? If so, does the referral of a dispute to the ccma for conciliation interrupt the running of prescription?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Are claims for unfair dismissal subject to the Prescription Act? Also, does a referral of [...]
The definition of “worker” in the national minimum wage bill
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The Department of Labour has confirmed the definition of "worker" in [...]
Regulations on national minimum wage exemptions
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill ("the NMW Bill"), which was published [...]
The right to a fair hearing trumps the contract of employment
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney ISSUE Can an employee be dismissed, without due process, simply because [...]
Automatically unfair dismissals versus legitimate dismissals for operational requirements: the importance of the ‘true reasons’ for the dismissal
By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether, in dismissing employees, the employer was exercising its right to [...]
Corroborative evidence is required to establish intoxication
By: Jacques van Wyk, Director, Andre van Heerden, Senior Associate and, Unathi Jukuda, Candidate Attorney ISSUE Whether an employer can dismiss an employee who fails a breathalyser [...]
The Employment Equity Amendment Bill, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Employment Equity Amendment Bill, 2018 ("Bill") amends specific provisions of the Employment Equity Act 55 [...]
Five reasons to register trade marks beyond your home territory
In our September 2017 edition of Legal Werks, the top ten reasons to register trade marks were identified notably the significant value and extensive protection trade [...]
Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning?
It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the employment relationship. The employer [...]
Paternity leave
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Basic Conditions of Employment Act 75 of 1997 ("BCEA") presently entitles a female employee to [...]
Struggle songs in the workplace
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the singing of struggle songs in the workplace racist and if so, does it [...]
Draft Employment Equity Regulations, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Minister of Labour has published the Draft Employment Equity Regulations, 2018 ("Draft Regulations"). The Draft [...]
Director liability – OHSA/NEMA
This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of 1998 ("NEMA") and the Occupational Health [...]
Reporting obligations of directors in terms of the Companies Act, No. 71 of 2008 – reckless trading and personal liability
Directors are obligated to report financial distress – failure to do so might result in personal liability. The Companies Act No. 71 of 2008 (the Act) [...]
Kenya: SONY is not well-known
By Janine Hollesen and Donvay Wegierski, Directors In Sony Corporation vs Sony Holdings Limited the Kenyan High court dismissed the Japanese corporate's trade mark opposition to [...]
South Africa: reliance on trade marks in company name objections
By Janine Hollesen and Donvay Wegierski, Directors A further reason to register trade marks is that they can be relied upon in company name objections. The [...]
