Latest News

Get insight into the most recent legal developments across key industry sectors.

subscribe to updates

Loading...

To arbitrate, or not to arbitrate: That is the question - The development of jurisprudence in South Africa?
26 May 2020 Dispute Resolution

To arbitrate, or not to arbitrate: That is the question - The development of jurisprudence in South Africa?

When electing to commence arbitration proceedings, one would seldom think of the maintenance and development of our judicial system. On the election to enter into arbitration proceedings, whether arising from an arbitration clause or not, one usually agrees to this form of dispute resolution for, inter alia, a speedy resolution of the matter (as the parties are able to set their own procedural time constraints), for the election of an arbitrator who is well acquainted with the subject matter of the dispute, as well as confidentiality of the proceedings.

The issues with issues: A refresher on issuing shares where timing is an issue
26 May 2020 Corporate & Commercial

The issues with issues: A refresher on issuing shares where timing is an issue

As the restrictions on economic activity ease and companies attempt to get their businesses back up and running, many private companies will be looking for quick cash injections. If borrowing from a bank is not immediately possible, or if one of the reasons for the cash injection is to settle bank debt, it may be necessary to raise capital by offering shares to third party investors or to existing shareholders. An advantage of equity funding is that it does not negatively affect a company’s solvency and liquidity and in fact bolsters a company’s assets, which allows it to meet the solvency and liquidity test and to continue making distributions or giving financial assistance if required.

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike
25 May 2020 Employment

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike

The collective bargaining landscape is defined by the membership numbers that trade unions have within a particular workplace. Item 6(2) of the Schedule 8 of the Labour Relations Act (LRA) requires an employer to contact a trade union official prior to dismissing employees involved in an industrial action. Item 6(2) does not specify whether the employer’s duty to contact a trade union official applies to all trade unions in the workplace, recognised trade unions or only the majority or sufficiently representative trade unions.

Loading...

To arbitrate, or not to arbitrate: That is the question - The development of jurisprudence in South Africa?
26 May 2020 Dispute Resolution

To arbitrate, or not to arbitrate: That is the question - The development of jurisprudence in South Africa?

When electing to commence arbitration proceedings, one would seldom think of the maintenance and development of our judicial system. On the election to enter into arbitration proceedings, whether arising from an arbitration clause or not, one usually agrees to this form of dispute resolution for, inter alia, a speedy resolution of the matter (as the parties are able to set their own procedural time constraints), for the election of an arbitrator who is well acquainted with the subject matter of the dispute, as well as confidentiality of the proceedings.

The issues with issues: A refresher on issuing shares where timing is an issue
26 May 2020 Corporate & Commercial

The issues with issues: A refresher on issuing shares where timing is an issue

As the restrictions on economic activity ease and companies attempt to get their businesses back up and running, many private companies will be looking for quick cash injections. If borrowing from a bank is not immediately possible, or if one of the reasons for the cash injection is to settle bank debt, it may be necessary to raise capital by offering shares to third party investors or to existing shareholders. An advantage of equity funding is that it does not negatively affect a company’s solvency and liquidity and in fact bolsters a company’s assets, which allows it to meet the solvency and liquidity test and to continue making distributions or giving financial assistance if required.

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike
25 May 2020 Employment

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike

The collective bargaining landscape is defined by the membership numbers that trade unions have within a particular workplace. Item 6(2) of the Schedule 8 of the Labour Relations Act (LRA) requires an employer to contact a trade union official prior to dismissing employees involved in an industrial action. Item 6(2) does not specify whether the employer’s duty to contact a trade union official applies to all trade unions in the workplace, recognised trade unions or only the majority or sufficiently representative trade unions.

Loading...

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.

Loading...

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.

Loading...

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.