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search results: can

Backdating NDAs: Can you make confidentiality retroactive?

technology, media and telecommunications | 14 Mar 2025
BY Ridwaan Boda
Can an NDA be backdated to cover instances where confidential information has been disclosed prior to the NDA’s effective date, and what happens where a party has disclosed confidential information w…
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Unprotected strikes – Can employees raise provocation as a defence?

employment | 28 May 2024
BY
In South Africa, participating in an unprotected strike is misconduct that can lead to disciplinary action, but item 6 of the Code of Good Practice: Dismissal states that dismissal is not always jus…
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Can you be fired for testing positive for cannabis in the workplace?

13 Dec 2022
BY Siphamandla Dube, Siphile Hlwatika
It has been widely accepted that adults can use and possess cannabis in their private spaces, but what happens when an employee uses cannabis in their private space and later tests positive for canna…
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Copyright: It really can be a joke

IP | 02 Nov 2021
BY
Heard the one about the comedian who “stole” a joke? I don’t suppose you regularly visit Chortle, a site that’s seemingly aimed at the British comedians
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OFM Business Hour | Can I be fired for misconduct by association? | ITAYI GWAUNZA

16 Aug 2021
Can I be fired for misconduct by association?

Patents: inventors can be inhuman

IP | 10 Aug 2021
BY
“We are both created and create. Why cannot our own creations also create?”
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Can employers dismiss their off-duty employees for taking part in looting?

14 Jul 2021
BY Lauren Salt
With looting and violence continuing unabated in many parts of South Africa - if spotted looting while off duty, can they dismiss their employees?
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How can firms balance imperatives of layoffs and employment equity?

05 Jun 2020
BY Lauren Salt
The detrimental effects of coronavirus and lockdown have forced many employers to consider retrenchment to stay afloat.
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Can you hear the sound of…a drink can being opened?

IP | 06 Apr 2020
BY Manisha Bugwandeen-Doorasamy
If you have any interest in trade marks, you will know that trade marks can take many forms. Although most trade marks are words or logos, trade marks can be all sorts of things…
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When can an employer refuse to pay a severance package?

employment | 17 Mar 2020
BY Peter le Roux
Dismissals for operational requirements have become an inescapable concern, but can retrenched employees be entitled to severance pay?
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Can employees be dismissed for refusing to accept new terms and conditions of employment?

employment | 25 Jun 2019
BY Hassan van Wyk
Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.
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Competition can now levy high merger penalties

Business Law and Tax Review | 13 May 2019
BY Derushka Chetty
Business Law and Tax Review | May 2019
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When a business can claim for interest on loans

Business Law and Tax Review | 13 May 2019
BY Peter Dachs
Business Law and Tax Review | May 2019
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Tax revolt can lead to sequestration, conviction

11 Mar 2019
BY Peter Dachs
Over the past few years, there has been discussion about a "tax revolt" in SA.
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Hasty IT deals can get firms burnt badly

Business Law and Tax Review | 11 Mar 2019
BY Ridwaan Boda
Sound IT governance cannot be ignored in the quest to digitise.
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