Tag: Werksmans Attorneys

Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April next month are likely to place additional stress on the South African consumer and businesses to the extent that further bankruptcies are inevitable. With the prospect of higher interest rates, low growth and still high inflation, many companies could face corporate failures particularly in the early part of 2023.

In the case of Keyhealth Medical Scheme v the Honourable Mr Justice SM Ngoepe N.O, the Registrar of Medical Schemes and William Reed, Case Number: A203/2021, a full bench of the Pretoria High Court held that prescribed minimum benefits (PMBs) must not be paid from a member's personal medical savings but must be paid from the medical scheme's PMB risk pool. 

Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors. 

Employers are reminded to avoid providing offers of employment if the relevant recruitment processes or details of a vacant post have not been finalised as a valid employment agreement may still be created and enforced through offer and acceptance.

Once an employee has resigned the employee cannot withdraw the resignation unless the employer consents thereto. This consent must be given prior to the expiry of the employee’s notice period when the resignation becomes effective, failing which a fresh agreement of employment will have to be concluded.

Employees are expected to remember and adhere to numerous policies, including privacy policies. Poster campaigns are rolled out to reinforce positive behaviour and still when we consider data breaches it is often unbelievable how the mistake that resulted in the breach could have possibly occurred.

The global adoption of digital technology is rapidly increasing, which has caused an evolution in criminal behaviour resulting in the increased occurrence of cyberattacks on businesses and individuals respectively.

The dismissal of an employee who failed to report the suspicious conduct of her colleague, in relation to missing monies, was found to be substantively fair. The failure of the employee to inform an employer of their business interests being improperly undermined, constitutes derivative misconduct for which dismissal may be afforded. 

Illegal mining is a critical challenge in the South African mining and minerals industry. The South African government previously recognised the potential of small scale mining operations to increase the portfolio of minerals being produced and possibly lead to the exploitation of resources that would otherwise be sterilised.

South African intellectual property (IP) legislation includes the Trademarks Act, Patents Act, Designs Act, Copyright Act and Plant Breeder's Rights Act. Each piece of legislation dealing with the particular IP right concerned, but is it all fit for purpose?