Optimising post-signature contract management
No business is an island, every company in the world depends on a delicate network of relationships with customers, suppliers, service providers, employees, contractors and other entities and people to run its operations. In most cases, these business relationships are governed by legal contracts that outline the obligations and entitlements of each party.
“Seismic ruling” – financiers cannot vote on a business rescue plan
Should post-commencement financiers have a vote on business rescue plans? A critical look at Wescoal Mining (Pty) Ltd & Another versus Mkhombo NO & Others (2023-079991) [2023] ZAGPJHC 1097 (2 October 2023). On 2 October 2023 Judge Wilson of the Gauteng Division of the High Court of South Africa endeavoured to ascribe a meaning to the undefined term "creditor" in Chapter 6 of the Companies Act 71 of 2008 (the Companies Act).
Potential retrenchees entitled to representation
The law makes it compulsory for employers to consult with the potential retrenchees or with their representatives before deciding to retrench. Despite this, employers often refuse to allow the employees to bring external representatives to the consultation meetings.
Spilling the beans on disputes in the Metaverse
Given the multi-faceted nature of the Metaverse, the disputes that could arise are limitless. It is therefore important that dispute resolution mechanisms that will be used in dealing with Metaverse-related disputes are agile enough to account for a new legal environment.
Creditors now empowered to apply to declare directors delinquent
Dr Eric Levenstein | Director | Head of Insolvency and Business Rescue | Werksmans Attorneys | mail me |
On 2 August 2023, I published an article titled "The...
Inaccurate fine print on packaging can spell trouble for food producers
Recent regulatory developments have tended to regulate food packaging more strictly, following international trends to hold producers, advertisers and retailers responsible for claims that entice consumers to purchase a product.
Understanding prescription in medical malpractice claims
Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes.
Nemo plus iuris – the universal law statists don’t want you...
Martin van Staden | Head | Policy | Free Market Foundation | mail me |
No matter what legal tradition you grew up with or which you...
Faulty suspensions can hang employers
Employers regularly suspend employees from duty. This is done in a variety of circumstances for numerous reasons that may include one form of suspension is a temporary lay-off of employees due to operational circumstances.
Recent reminder by courts – respect restraints or pay the price
The South African courts have by and large, consistently upheld an employer’s right to restrain an employee form unfairly competing with a former employer where certain conditions have been met. These include the employer being able to show a protectable interest and a properly drafted restraint.
