Business Law

30
Mar

Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)?

Article courtesy of Law Dot News | Business Law - Delict and Civil Claims “Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that
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26
Nov

Business Law – Mandatory New CIPC Compliance Checklist

Article courtesy of Law Dot News Business Law - All Companies: Prepare for the Mandatory New CIPC Compliance Checklist The CIPC (Companies and Intellectual Property Commission) has announced that its new “compliance checklist” requirement, voluntary until now, becomes mandatory for all companies and close corporations from 1 January 2020. You must complete the checklist before submitting your annual return. So firstly check when
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29
May

Directors at War and the Liquidation Option – A Tale of Sibling Rivalry

Article courtesy of Law Dot News Business Law - Directors Dispute, the Liquidation Option? “Family quarrels are bitter things. They don’t go according to any rules” (F. Scott Fitzgerald) A company’s directors have both the power and the duty to manage the company’s affairs for its benefit. When two or more directors are in place, it’s perhaps natural for the
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29
May

Equal Pay for Equal Work – Can You Differentiate Without Unfairly Discriminating?

Article courtesy of Law Dot News Labour Law - Equal Pay for Equal Work “Prohibition of unfair discrimination: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV
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12
Oct

Business Law – Can Posting on Twitter Get You Fired?

  The Elon Musk Tweet As most entrepreneurs and business owners the world-over know, Elon Musk is the CEO and, until recently, chairman of the board of Tesla. In these positions, whenever Elon speaks or writes, it has a profound affect not only on the reputation but also on the share price of Tesla. Knowing this, I was stunned when
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30
Aug

Restraint of trade- Is this an enforceable term of contract?

By: Sean Bosse In a recent commercial dispute, our client stared down a demand from her ex- franchisor to stop trading in her new business that was deemed to be the same or similar to the one she had operated under license from the ex-franchisor. The franchise agreement had a rather clumsily drafted restraint of trade clause incorporated therein which
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8
Aug

Supplier beware: Agency or Distribution???

By: Sean Bosse Taking products to market for sale to the end consumers usually entails a supplier engaging with a distributor or an agent in the supply chain. Broadly observed, the distributor and agent would appear to be one and the same thing except for the obvious difference in the names. This broad observance has, however, caught many a supplier
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