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Werksmans

Supreme Court ruling clarifies contentious National Credit Act issue

Supreme Court ruling clarifies contentious National Credit Act issue

3rd October 2018 The Supreme Court Ruling on the 28 of September 2018 finally made clear one of the most contentious interpretations of the National Credit Act... 

Reporting Obligations Of Directors In Terms Of The Companies Act – Reckless Trading And Personal Liability

Reporting Obligations Of Directors In Terms Of The Companies Act – Reckless Trading And Personal Liability

2nd October 2018 Directors are obligated to report financial distress – failure to do so might result in personal liability.   The Companies Act No. 71 of 2008 (the... 

Is An Employee Able To Avoid A Disciplinary Hearing Or Disciplinary Sanction By Resigning?

Is An Employee Able To Avoid A Disciplinary Hearing Or Disciplinary Sanction By Resigning?

27th September 2018 It is trite law that employees may resign from his employment, either with immediate effect or on notice, thereby unilaterally terminating the... 

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Judgment shows fundamental shift in how SA law views cannabis and its social utility

Judgment shows fundamental shift in how SA law views cannabis and its social utility

25th September 2018 The Constitutional Court judgement in Minister of Justice and Constitutional Development and Others v Prince; National Director of Public... 

Dismissing An Employee For Refusing To Obey Instructions

Dismissing An Employee For Refusing To Obey Instructions

11th September 2018 Can you dismiss an employee who refuses to obey instructions? SUMMARY 

Incorrect to assume that SA labour laws are one-sided towards employee

Incorrect to assume that SA labour laws are one-sided towards employee

30th August 2018 South African labour laws are renowned as being progressive and protective of employees' rights. And labour dispute resolution procedures are... 

The importance of a data breach plan

The importance of a data breach plan

23rd August 2018 South Africans have read about, and many have unfortunately experienced, significant data breaches this year already. Even the Presidency’s website... 

Can you dismiss an employee for making racist comments in the workplace, which the employee believes to be inoffensive according to the employee’s culture?

Can you dismiss an employee for making racist comments in the workplace, which the employee believes to be inoffensive according to the employee’s culture?

21st August 2018 Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a... 

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