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  • Article

    Retrenchment And Employment Related Claims Post #Lockdownsa – Prepare Your Business

    Employers, from large corporations to small to medium entrepreneurs and businesses have had no alternative but to implement short time work, reduce salaries, place Employees on unpaid leave as a no work no pay circumstance...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    BBBEE Ownership Transactions

    Objects of the Broad-Based Black Economic Empowerment Act, 53 of 2003, as amended by Act 46 of 2013, include promoting economic transformation and achieving a substantial change in the racial composition of ownership.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Memorandum Of Undersdtanding "MOU" – Is It Binding?

    Whether you are looking to purchase a new company or enter into a joint venture, there needs to be an understanding before there can be any agreement. Discovering a new venture...
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Unlawful Credit Agreements

    The majority of South Africans are using some form of credit or have access to some form of credit, whether by way of credit cards, clothing account credit cards, personal loans, etcetera.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Will The Proposed Revision To The B-BBEE Codes Of Good Practice Lead To Increased Fronting Activity?

    The proposed changes to the Broad-Based Black Economic Empowerment ("B-BBEE") codes now intend to make "ownership" a compulsory priority element.
    South AfricaCorporate/Commercial Law
    Schoemanlaw Inc
    Schoemanlaw Inc
  • Article

    #CORONAVIRUS (COVID-19) Has Landed In SA – What Are Employers' Obligations And Employees' Rights During This Public Health Emergency?

    A contagious disease known as Coronavirus or COVID-19 ("the Virus") was first detected in China in December 2019 and has since regrettably spread worldwide. The World Health Organization ("the WHO")
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Appointing A Third-Party Arbitrator Before Resorting To Dismissal

    Employers and Employees seeking to resolve disputes are aware of the option of referring such disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA).
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Constructive Dismissal: What Do I Need To Know?

    Employees often find themselves in employment conditions that are difficult to deal with. However, how does one mark the difference between difficult employment conditions and employment conditions...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Dealing With A Failure To Comply With Simple Instructions – The Naicker Case

    It is every employer's wish to build and maintain a great, enjoyable and productive work relationship the employees.
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Strike Action: The Proper Procedure To Follow

    Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as "the partial or complete concerted refusal to work, or the retardation or obstruction of work, ...
    South AfricaEmployment and HR
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Does Lobolo Constitute A Customary Marriage?

    There has recently been uncertainty and confusion in light of the Supreme Court of Appeal case of Tsambo v Sengadi [2020] ZASCA 46 ("Tsambo case").
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Has Your Spouse Gone Missing? The Process Of Divorce Where Your Ex's Whereabouts Are Unknown

    Married couples drift apart for various reasons. In certain instances, spouses may not necessarily keep track of each other's whereabouts should a separation occur prior to divorce.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Right Of Unmarried Natural Fathers To Be Recognised On Birth Certificates

    Traditionally, unmarried natural mothers have enjoyed a particular privilege over unmarried natural fathers in terms of the recognition of their parental responsibilities and rights.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Protecting Your Businesses Good Name In The Age Of Idle Complaint

    The purpose of this article is to provide some insight into the rights and recourse available to a company when faced with the grim spectre
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The Carbon Tax Act

    These assess in detail a country's efforts to address climate change in detail and are also useful for policymaking.
    South AfricaTax
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    #FREE Workplace Readiness #COVID19 Webinar

    Join us for an interactive session on getting the workplace ready.
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Amendments To Regulations – Essential Services During #LockdownSA 16 April 2020

    Restaurants remain closed, but supermarkets are open to sell essential goods.
    South AfricaCoronavirus (COVID-19)
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Requirements For A Valid Engagement And How To Terminate?

    For most couples, the idea of spending the rest of your life with someone you love stirs a lot of excitement. However, the moment a partner gets on one knee to propose, legal consequences flow.
    South AfricaFamily and Matrimonial
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Repudiation Of Claims Based On False Information

    When dealing with insurance matters, it is well-known that if there is any dishonesty or false information provided to the insurer, a claim for indemnification could be repudiated in its entirety.
    South AfricaInsurance
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    The In Duplum Rule – How Far Does It Go? Limited To Credit Agreements – Or Not?

    The in duplum rule has been part of South African law for more than 100 years, translated, in duplum means ‘double the amount'. This common law rule provides that interest ...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.

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