Tag ArchivesSchoemanlaw Inc Attorneys

Service of a letter of demand, does it interrupt prescription?

Introduction Prescription of a debt can be described as “old debt” in which creditors may not institute legal proceedings to collect monies owed to them, by law. The Prescription Act provides that the period of prescription is a period 3 years in respect of an ordinary debt. In certain instances, prescription may be interrupted in […]

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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 in the market. With that being said, a recent labour appeal court case has made us question its […]

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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, although incorporation can provide for the limitation of liability of those persons behind the company, this […]

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Labour law false allegations

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 challenges in managing the relationships between employer-employee or employee-employee. One of these challenges is caused by […]

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res judicata

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 familiarize themselves with the Act, paying special attention to the new demerit system […]

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