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  • Article

    Terminating An Employment Contract And Dismissing An Employee – How Are They Interrelated?

    A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same...
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Exchange Control: An Unapproved Export Of IP Is Not A Breach Of The Regulations (Recent Developments in Corporate Taxation, May 2011)

    In a far-reaching decision of the Supreme Court of Appeal (SCA) in Oilwell v Protec handed down on 18 March 2011, the court held that an assignment of a trade mark by a South African resident to a non-resident without obtaining prior Exchange Control approval was not a breach of the Exchange Control Regulations.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Business Rescue - A Double Edged Sword?

    With the introduction of business rescue by the new Companies Act (which came into effect on 1 May this year), a company director is obligated to either pass a resolution for business rescue or for liquidation, as soon as he or she becomes aware that the company is trading in a financially distressed situation or notify all stakeholders of the basis for not doing so.
    South AfricaCorporate/Commercial Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Cancelled Or Partially Cancelled Trade Marks – Some Take Aways

    The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC
    European UnionIntellectual Property
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Dismissed For Not Accepting An Employer's Demand – When Is This Automatically Unfair?

    After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Resignation With Immediate Effect – A Tale Of Confusion

    . These periods are governed by statute and the individual employment contract.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    (Un)lawfulness In Labour Disputes: The Door Is Tightly Closed

    1.The recent Labour Court judgment in Botes v City of Joburg Property Company SOC Ltd and Another [2021] 2 BLLR 181 (LC) put it beyond doubt that issues which fall under section 23
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Transfer Pricing Documentation Requirements Clarified

    Clarificaition of the transfer pricing documentation.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    So A Company Can Pay For Its Expenditure By Issuing Its Own Shares!

    For many years there has been a debate as to whether a company can incur a cost in relation to the acquisition of an asset or the incurral of operating expenditure, where it pays the supplier by issuing its own shares.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    All Beliefs Are Created Equal – Or Are They?

    Labour laws are no exception.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Salary Discrimination Not Automatically Unfair

    This would be unfair discrimination, due to pay inequality, where the employees being compared perform the same work.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Secretly Recording Your Boss: Allowable Under RICA But Problematic Under The LRA

    This finding has been hailed as a victory for greater freedom from unlawful surveillance.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Cannabis Remains Abuzz

    An adult may possess and use cannabis in private for personal consumption in South Africa. This is according to the South African Constitutional Court ruling in September 2018
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Questioning The BBBEE Commission's Approach To Public Benefit Organisations In BBBEE Ownership Structures

    A Public Benefit Organisation ("PBO") is defined in the Income Tax Act as a non‑profit company or a trust which has been incorporated, formed or established in South Africa and which has the sole...
    South AfricaGovernment, Public Sector
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Binding Private And Class Rulings (Recent Developments in Corporate Taxation, May 2011)

    Deductibility of environmental expenditure in respect of assets acquired under an asset for share transaction (BPR 093).
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Royal IP

    Prince Harry and Meghan Markle have announced that they are stepping down as "senior royals". This revelation means that the Duke and Duchess of Sussex will be financially independent ...
    WorldwideIntellectual Property
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    UK Bribery Act Poses Potential Risks For SA Companies

    Distinguishing between genuine hospitality, promotional gifts and what could constitute a bribe, is a grey risk area that South African corporations need to take into account – particularly those associated with British companies.
    South AfricaCriminal Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Part 6.4 - Taxation - Individuals In South Africa

    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Recognising Subtle Forms Of Sexual Harassment In The Workplace

    The #METOO movement has correctly focused public attention on inappropriate workplace conduct.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Amendment To Exchange Control Regulations Causes A Stir

    For many years the Financial Surveillance Department of the South African Reserve Bank (FSD), which administers exchange controls, has taken the view that intellectual property may not be exported without their approval .
    South AfricaFinance and Banking
    Werksmans Attorneys
    Werksmans Attorneys

Showing 41–60 of 271 results

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