Tag: Werksmans Attorneys

The Minister of Health has described the advent of national health insurance or NHI as the land issue in the healthcare sector. Today, the Minister announced the introduction of two Bills to herald the introduction, into law, of the NHI. The two Bills, one dealing with amendments to the existing Medical Schemes Act of 1998 and the other setting out the structuring of the NHI, were published for public comment.

The millions of Facebook profiles analysed by Cambridge Analytica constitute one of the biggest breaches of personal information to date. The data was collected through an application accessed by Facebook users in terms of which these users agreed to have their data collected for academic use. What was also collected by the application was information from the Facebook users’ friends.

Is a dismissal of an employee who posted alleged racist comments on Facebook substantively fair? The dismissal of an employee who posted alleged racist comments on Facebook will be substantively fair only if a reasonable person ascribes the comment as racist and the comment has a negative bearing on the employee’s continued employment relationship.

Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.

A trade mark adds significant value to your business and as a result can be desired by others. However if not used for a certain period, a trade mark can be vulnerable to cancellation for non-use.

Currently, South African employment laws provide minimum leave entitlements for all employees for annual leave, sick leave, family responsibility leave, and unpaid maternity leave for female employees. A proposed amendment will introduce, for the first time, a new leave type of Parental Leave.

Generally, the South African business rescue process is positive in the sense that a successful business rescue delivers a restructured and viable company back into the South African economy and where jobs are retained in the process.

The Competition Commission has conducted a significant number of dawn raids. From the beginning of 2017, the Commission has raided 47 companies and 53 premises in total. 

Can an offer to employ which is later withdrawn amount to a dismissal? - An offer of employment creates a valid contract and a later withdrawal of that offer can amount to dismissal. This is even more so if the reasons for the withdrawal of the offer are unreasonable.

There is no requirement in any South African labour legislation, including the Labour Relations Act, 66 of 1995 and the Basic Conditions of Employment...