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Labour Court clarifies issue of annual leave

[Nicholas Preston] The question recently arose where employees had accumulated excessive annual leave, whether the employer could force its employees to forfeit the excessive leave not taken.

Posted 6 days ago | Like
Implications of amendments to Credit Act

[Megan Gedye] The National Credit Act 34 of 2005 has been slightly lacking in regard to its ability to protect consumers. The purpose of the Act is to protect consumers and promote a fair yet competitive credit industry.

Posted 16 days ago | Like
Tribunal approves Microsoft acquisition of Nokia devices, services

[Leana Engelbrecht] In September 2013, Microsoft announced its intention to acquire substantially all of Nokia's devices and services business in what is viewed as an attempt by Microsoft to increase its offering in the mobile phone market.

Posted 23 days ago | Like
Is this one way Oscar Pistorius will get off?

[Sid Peimer] There are a number of high-profile trials, notably the OJ Simpson one, which captured the imagination of the world - only for the accused to evade punishment.

Posted 1 month ago | Like
China's new trademark laws a boon for SA companies

[Donvay Wegierski] Presently the Chinese trademark system has a reputation for being slow, expensive and complex. It is therefore anticipated that the third amendment to the trademark law of the People's Republic of China, which introduces significant changes, effective 1 May 2014, will be welcomed.

Posted 1 month ago | Like
Dangerous coffee

[Neil Kirby] Understanding consumer rights is becoming an integral part of conducting business in South Africa. With an increased emphasis on potential harm to consumers by goods and services, suppliers around the world must become conscious of their obligations in law in various jurisdictions including South Africa.

Posted 1 month ago | Like
New withholding tax on cross-border services

[Graeme Palmer] The Income Tax Act, 1962 was recently amended to provide for a new withholding tax on cross-border service fees. According to the new law, a withholding tax of 15% must be levied on the amount of any service fee that is paid by any person to or for the benefit of any foreign person to the extent that the amount is regarded as having been received by or accrued to the foreign person from a source within South Africa.

Posted 3 months ago | Like
EE not an absolute bar to appointment of non-designated candidates

[Jacques van Wyk] The Supreme Court of Appeal, in rejecting the decision of the Labour Appeal Court, found that the employee in this case had been unfairly discriminated against by being denied an opportunity for promotion where no other suitable candidate, aside from herself, was present for the position.

Posted 3 months ago | Like
Colour trademarks and Cadbury's case

[Christophe van Zyl] After a four-year battle with its competitor Nestle, the UK Appeals Court has refused the registration of Cadbury's trademark application for the specific colour purple that Cadbury has used for over 150 years in relation to its chocolate wrapping.

Posted 4 months ago | Like
Formula for plain (bland) packaging

[Lize Mills] As of 6 December this year you will no longer see a nurturing mother feeding her happy baby a bottle of formula milk as an advertisement in any newspaper, magazine, on a website or on television.

Posted 4 months ago | Like (1)
Calling up bank guarantees in tranches

[Yaniv Kleitman] Bank guarantees feature regularly, and are very often perceived as 'standard' or 'template' documents in respect of which little if any negotiation is encountered insofar as legal drafting is concerned.

Posted 4 months ago | Like
Expanding your business into Africa?

[Anli Dowling] As the pace of development into the rest of Africa gains momentum, more and more South African companies are considering expanding their businesses into the rest of the continent. There are several legal issues to consider - and some pitfalls to beware of.

Posted 4 months ago | Like
Clerical Acts and administrative action

[Deshni Naidoo] The Promotion of Administrative Justice Act, No 3 of 2000 (PAJA) makes it clear that administrative action entails a decision, or a failure to make a decision, by an administrator which has a direct, external legal effect on a party.

Posted 5 months ago | Like
New Companies Act and business rescue

[Eric Levenstein] A new Companies Act became operative in our law on 1 May 2011. This Act introduced some novel provisions into our law - among them business rescue.

Posted 5 months ago | Like
Things your lawyer is too polite to tell you

[Jody Doyle] Good communication is the basis of any good relationship - we all know that. But honesty can be awkward, and so most people avoid difficult conversations, often in the name of politeness.

Posted 5 months ago | Like
Draft policy on patents - passages from India?

[Dr Madelein Kleyn] The Draft National Policy on Intellectual Property (DNPIP) of South Africa was published on 4 September 2013 for public comments.

Posted 5 months ago | Like
Woolworths and the hummingbird

[Janine Hollesen] Social media platforms were aflutter recently following allegations by a Cape Town artist that Woolworths reproduced her design of a hummingbird without her consent.

Posted 5 months ago | Like
Event-defines fixed-term contracts

[Jacques van Wyk] Employees are often employed in terms of fixed-term contracts for the purpose of completing a specific project. If the project consists of multiple phases and employees are required to complete a specific phase rather than the entire project then this should be made clear in their contracts of employment.

Posted 6 months ago | Like
The use of alcohol in the workplace

[Jacques van Wyk] An employer who is faced with an employee who is under the influence of alcohol in the workplace may, in the absence of satisfactory evidence, proceed by way of a disciplinary hearing for misconduct.

Posted 6 months ago | Like
Shuttleworth v The South African Reserve Bank

[Alastair Morphet] Mr Shuttleworth famously sold his shares in Thawte, which earned him a substantial amount of money. He subsequently decided to emigrate from the Republic and to transfer all of his remaining assets out of the country.

Posted 6 months ago | Like