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Legal risks in the move to Cloud

With the fourth industrial revolution in full swing, businesses are looking for faster and more efficient ways to service customers. Customers are also increasingly tech-savvy and demand more from their service providers, including quicker access and more tailored offerings. Business must carefully assess legal issues that will have an impact on the ability not only to move to cloud, but also to have full beneficial use of cloud services.

Trustee authority to act on behalf of a trust

A sale agreement had been signed on behalf of a trust, as purchaser, by a single trustee whose conduct was thereafter ratified by the remaining trustees.

Can false allegations be grounds for dismissal?

Issue - Whether an employee who makes a false allegation of racism against another employee can be dismissed?

Be wary of recorded conversations

Contrary to popular belief, companies may be within their rights to secretly record conversations with employees and use that information against them in a court of law. However, the reverse is also true. This has the potential to significantly change the dynamic in the workplace.

Recent amendments to the Competition Act

Amendments to the Competition Act were published in the Government Gazette in February 2019. These are, however, not yet in force pending the publication of a date to be proclaimed by the President. Some of the more prominent changes to the Act are as follows.

Take implementation, good faith and disclosure clauses seriously

Where one of the parties to a contract had secretly entered into agreements with third parties to gain an unfair advantage for itself, the court held that it was in breach of the good faith and non-disclosure provisions and liable for damages.

Power grid set to surge

Minister of Energy, Jeff Radebe, purportedly granted a welcome deviation from South Africa’s existing power generation licensing regulations that should see a relaxation of the process, encouraging additional power supply into the local grid. The change comes amidst growing concern over an already-strained national power supply and its ability to tolerate the increased winter load.

Failure to copy emails to your manager may lead to dismissal

Thabang Rapuleng | Director: Employment Practice | Cliffe Dekker Hofmeyr | mail me |         Tamsanqa Mila | Associate: Employment practice | Cliffe Dekker Hofmeyr | mail me | Subordination is a...

Traversing the labour law jungle

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

Importing a tacit term into a contract

Where a non-variation clause and a whole agreement clause were included in a comprehensive contract dealing in detail with the subject matter between the parties, the court refused to import a tacit term into the contract.
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