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Retrenchments during the national lockdown
21 May 2020 Employment

Retrenchments during the national lockdown

Bheki Nhlapho, Senior Associate in the Employment Practice joined Morning Live on SABC News to discuss retrenchments during the national lockdown. He explains the employees' rights and alternatives available to employers in order to avoid retrenchments.

Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

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Public Procurement Bill, 2020: Proper change or a damp firework?
20 May 2020 Dispute Resolution

Public Procurement Bill, 2020: Proper change or a damp firework?

Contracting with an organ of state is not easy. Firstly, because the Constitution requires an organ of state to contract for goods or services in a way that is fair, equitable, transparent, competitive and cost-effective. To achieve those exacting requirements the state must maintain a procurement system of interrelated statutes, regulations and directives. But secondly, the system has developed over time with some of the rules governing state procurement pre-dating the constitutional dispensation. The State Tender Board Act, 1968 and National Supplies Procurement Act, 1970 are notable examples. That development over time has introduced a level of unnecessary complexity.

Necessary and essential may well be two different things…
20 May 2020 Dispute Resolution

Necessary and essential may well be two different things…

Fans of the sitcom The Big Bang Theory will remember Sheldon Cooper’s three-legged “like a milking stool” opening statement in which he schooled the judge who occupies “the kiddie table” of his profession on the principle of quod est neccessarium est licitum. As he eloquently explained, the principle entails the sentiment that, that which is necessary is by definition, automatically lawful.

The validity of market flex provisions revisited
20 May 2020 Corporate & Commercial

The validity of market flex provisions revisited

A market flex clause is designed to provide funders with the flexibility to change the pricing and/or the structure of a financing package if there is a change in market conditions. The global COVID-19 crisis has brought about economic uncertainty and market volatility – increasing the popularity of market flex clauses amongst funders. In this article, we revisit some key legal principles underpinning the validity and enforceability of market flex clauses.

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Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints
14 April 2020 Employment

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints

On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.

5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Retrenchments during the national lockdown
21 May 2020 Employment

Retrenchments during the national lockdown

Bheki Nhlapho, Senior Associate in the Employment Practice joined Morning Live on SABC News to discuss retrenchments during the national lockdown. He explains the employees' rights and alternatives available to employers in order to avoid retrenchments.

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Returning to work in Level 4 of the lockdown
6 May 2020 Employment

Returning to work in Level 4 of the lockdown

Tamsanqa Mila, Associate in our Employment practice joined Kaya FM to discuss the slow reopening of the South African economy during COVID-19. He discusses the return to work in Level 4 of the lockdown.

COVID-19 TERS
9 April 2020 Employment

COVID-19 TERS

Employment Director Jose Jorge joins The Honest Truth with Benito Vergotine to unpack COVID-19 Temporary Employee / Employer Relief Scheme (TERS) and what it means for companies and employees.

Banning of 100 people and more gatherings
20 March 2020 Employment

Banning of 100 people and more gatherings

Employment Senior Associate, Bheki Nhlapo, recently joined the Heart FM breakfast show to discuss and elaborate on the announcement made by President Cyril Ramaphosa regarding the banning of 100 people and more gatherings, especially in the workplace.