Articles
NEWS ITEM
The limits of “confidentiality” – with a specific focus on litigious proceedings
Confidential information means any information disclosed in however manner that is commercially sensitive. The best way to explain what it is is perhaps to describe what it is not (generally speaking): was publicly known and made generally available in the...
What are Employees’ and Employers’ Rights and Obligations in terms of Sick Leave in South Africa?
Introduction The Basic Conditions of Employment Act, No 75 of 1997 (“the BCEA”) gives effect to the right to fair labour practices referred to in section 23(1) of the Constitution of the Republic of South Africa by establishing and making provision for the regulation...
Restrains of trade: confidentiality and the protectable interest – key ingredients to effective enforcement
Restraints of trade have become an almost automatic inclusion in many agreements. The driver behind this is the protection of commercially sensitive and confidential information. Furthermore, to prevent any unlawful competition or an unfair advantage being leveraged...
The Role of Directors in the Age of Cybercrime
The exponential development of technology in recent years has meant that cybercrimes are no longer just an occurrence in Hollywood movies. South Africans have been the victims of numerous cyber-breaches exposing their personal information as was the case with the data...
SchoemanLaw is thrilled to be part of the class of 2020 – Innovating Justice Accelerator!
On 7 November 2019 HiiL Southern Africa identified the best legal innovations in the region. The 9 finalists spent a week in Johannesburg and at the end of the week, the Class of 2020 was announced. We are humbled and excited to have been selected to be part of the...
When can you be held personally liable within your company and how can this be brought about?
Introduction When a corporation is registered, an individualistic entity separate from that of its shareholders is created. This enables the corporation to function under its own name, as a juristic person. This separation is deemed ‘the corporate veil’. However,...
Dealing with a failure to comply with simple instructions – The Naicker case
It is every employer’s wish to build and maintain a great, enjoyable and productive work relationship the employees. Due to different personalities, positions, abilities and competencies which are intrinsic to the workplace, employers are usually faced with lots of...
Injuries or illness sustained at work – unpacked
I will refer to the Compensation for Occupational Injuries and Diseases Act Number 130 of 1993 as “COIDA”. An injury at work can be highly stressful, specifically in the context of the current economic climate, this can ravage livelihoods and the fact that not all...
The Administrative Adjudication of Road Traffic Offences Act
As from June 2020 the Administrative Adjudication of Road Traffic Offences Act (herein after the Act) will be fully operational in the country. While most have not heard about it before reading this item, it would be best suggested that motor-vehicle drivers...
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