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Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart man" (black man), within a specific [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of an employment contract to terminate an [...]
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment of cryptocurrencies ("cryptos"). However, an area [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African view. 1. Is there a legal [...]
The Facebook data breach – #thisisyourdigitallife
by Ahmore Burger-Smidt, Head of Data Privacy Practice WHAT MESSAGE DOES THE FACEBOOK DATA BREACH HOLD FOR SOUTH AFRICA AS A SOCIETY AND THE BUSINESS COMMUNITY [...]
Restraints of trade
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney RESTRAINTS OF TRADE A restraint of trade is a provision in a contract of employment that (typically) [...]
Does the inconsistent application of the requirements set out in a promotional post advertisement constitute an unfair labour practice?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is an employer's failure to consistently apply the requirements set out in a promotional post [...]
Can you dismiss an employee for posting a racist comment on Facebook?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair? [...]
Why failing to revise land policy will fail aspiration of millions
The need for land expropriation must be characterised and understood as being foremost about social justice and a constitutional imperative. It is about the majority's anticipation [...]
Bye bye FSB, hello FSCA
As of 1 April 2018, there is a new sheriff for the South African financial services sector. The Financial Services Board ("FSB") has been replaced by [...]
Further tightening of Broad Based Black Economic Empowerment rules proposed by Minister of Trade and Industry
On 29 March 2018, the Minister of Trade and Industry published draft amendments to the Broad Based Black Economic Empowerment Codes ("Codes") for public comment. The [...]
Nando’s vs Fernando’s
Nando's Chicken Limited is the proprietor of at least thirty nine UK trade marks and recently served a letter of demand on Fernando's restaurant which is [...]
Cryptocurrencies and tax
The advent of cryptocurrencies, and in particular the substantial gains that are associated with investments in cryptocurrencies, caught the attention and interest of the world – [...]
Adidas and the stripes
By: Donvay Wegierski, Director In 2015, Adidas successfully opposed the registration of two EU marks comprising two stripes belonging to Shoe Branding Europe marks on the basis [...]
Gucci is well-known in singapore
By: Donvay Wegiersk, Director A mark is considered well-known if a larger portion of the public can immediately recognise the mark with the goods and services to [...]
Olympic games: exclusivity and revenue
By: Donvay Wegierski, Director The protection of the Olympic Symbol, and its torch, flag and anthem is extremely important. According to the Nairobi Treaty on the Protection [...]
Copyright: blurred lines effect?
On 21 March 2018, Robin Thicke and Pharrell lost their appeal against Marvin Gaye's estate in relation to their hit song "Blurred Lines". The majority of [...]
#METOOZA – sexual harassment in the workplace in South Africa
Recently, and on an ongoing basis, revelations of sexual harassment in Hollywood have made the headlines, and stories of sexual harassment or inappropriate behaviour amongst celebrities [...]
Budget proposal to provide much needed clarity to managers and unit holders of Collective Investment Schemes
The taxation of collective investment schemes ("CIS") and their participatory interest holders is governed by sections 25BA and 10(1)(iB) of the Income Tax Act, No 58 [...]
FAQ – opportunities for investors arising from the South African business rescue process
INTRODUCTION The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed [...]
The International Arbitration Act spells opportunity for South Africa
With the coming into operation of the International Arbitration Act[1] ("Act") on 20 December 2017, South Africa for the first time has a dedicated statute governing [...]
The fascinating tango of interest and forex rates on large claims where set-off occurs: a case study
Imagine the following scenario, the parties have litigated, and they are awarded the following claims: Party A is awarded: US$5 000 000,00 together with applicable interest [...]
Memorandum of understanding concluded between the Broad Based Black Economic Empowerment (“BBBEE”) Commission and the Competition Commission – the increasingly important interface between BBBEE and Competition Law
) The Competition Commission investigates certain mergers and anticompetitive practices including cartel conduct (for example price fixing, collusive tendering and market division between competitors) and abuses [...]
Use it or you may lose it
INTRODUCTION In Legalwerks September 2017, the top ten reasons to register trade marks were discussed, https://werksmans.com/legal-briefs-view/top-ten-reasons-to-register-your-trade-marks/. On payment of renewal fees when due a further benefit [...]
