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  • Article

    What Cannabosss Do About Weed In The Workplace?

    Many South African businesses are tasked with adapting or changing their operating procedures and policies each time there is new legislation introduced or changes to existing legislation.
    South AfricaCannabis & Hemp
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Do You Possess Your Emails?

    Could The Mandament Van Spolie Remedy Be Instituted To Regain Possession Of Your Emails And Access To A Network Server? This was the question asked in the Supreme Court of Appeal (‘‘SCA'') ...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Removing A Minority Shareholder

    The Companies Act 71 of 2008, as amended ("Companies Act"), provides for the protection of minority shareholders' rights.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Should You Sign Surety? Think Carefully!

    The concept of surety can be daunting and misunderstood. This often results in serious consequences if a party is ill-informed.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Use Of Electronic Signatures For E-Commerce

    Originally, seals were affixed to documents as a means of authenticating the content within documents.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Warranties And Indemnities In Your Merger And Acquisition Agreement

    Ensuring that the appropriate due diligence and warranties disclosures have been duly completed, takes you that much closer to closing the deal.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Ways In Which Businesses Can Approach The Uncertainty Of Different Majorities Required In Order To Amend A Business Rescue Plan (‘BRP), Or To Adjourn A Meeting Concerning A BRP:

    There is no direct indication in the Companies Act as to what majority is required to amend the BRP or to adjourn the meeting where the BRP was put to a vote.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    A Lucky Escape, Or Not So Much: Resigning With Immediate Effect To Avoid Disciplinary Action

    In the same vein, the employer may wish to proceed with disciplinary action even where the employee renders resignation with immediate effect.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Disciplinary Hearings: May An Employer Interfere With The Chairperson's Recommendation?

    It is commonplace that before an employer makes a punitive or non-punitive decision against an employee, a disciplinary hearing is one of the requirements to ensure that the outcome is affected according to a fair procedure.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Exemption To The Minimum Wage Rule

    A large part of South Africa's workforce has seen the effect of the recently updated national minimum wage.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Restraint Of Trade: Is This Still Enforceable In The Current Climate?

    In the recent case of Bearings International v Veeradu, an unreported case from the Durban Labour Court, a matter was heard on 18 May 2021...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Difference Between Discretionary And Non-discretionary Bonus Payments

    Employers try a variety of incentives to find creative and reliable ways to motivate their employees. Employers with vast interest and belief in their businesses are often inspired by passion and the ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Thinking Of Resigning Because Continued Employment Has Become Intolerable – Think Again

    The employer found the employee to be performing poorly and replaced his salary with a commission structure.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Antenuptial Contracts: Clauses To Avoid

    Most couples do a bit of homework before making the decision to conclude an antenuptial contract. In fact, I, as a rule of thumb, ask whether they have during a consultation.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Maintenance In Settlement Agreements – Is There Room For Variation After The Fact?

    Settlement agreements (also referred to as consent papers) are often entered into between parties in divorce proceedings as a means to ensure the parties part ways amicably and to avoid any long and drawn-out court proceedings.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Parenting Plans: An Overview

    The Children's Act 38 of 2005, as amended (hereafter the "Children's Act"), offers parenting plans as a mechanism to assist parents with how to exercise their parental responsibilities...
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Prescription Of A Maintenance Obligation Contained In The Consent Paper

    In terms of our law, when parties to a divorce proceeding enter into a Consent paper that is subsequently made an order of Court, there is an expectation that one of the parties shall be liable...
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Duties Of The Executor Of A Deceased Estate

    Throughout your life, you may acquire assets like a house or a car and also be in possession of certain items that you hold near and dear to your heart, like family heirlooms.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Curator Bonis vs Curator Ad Litem

    Under South African law, certain factors affect a person's capacity to act on his/her behalf and manage his/her affairs. For example, factors such as age in the case of minors or mental illness...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Can You Be Held Liable For Your Social Media Posts?

    For many people social media has provided a safe space to voice their opinions without the fear of being judged or ridiculed.
    South AfricaMedia, Telecoms, IT, Entertainment
    SchoemanLaw Inc.
    SchoemanLaw Inc.

Showing 181–200 of 383 results

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