Tag ArchivesSchoemanlaw Inc.
suspensions

Suspensions in the workplace – how and when must the Employer suspend Employees

It can be quite daunting for an Employer to suspend an Employee. Many Employers have not followed any procedures when suspending their Employees. The Employer would later regret not seeking any advice as to the correct manner to suspend Employees especially when they must compensate misbehaving Employees due to their oversight. What would the correct […]

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agency

When to use an Agency or a Distribution Agreement

When deciding whether you should use an Agency or a Distribution Agreement – the main question a business owner should ask is whether the person or Company you are appointing will be acting as an Agent or a Distributor. An Agent relationship comes into existence where the Agent obtains permission from the Supplier to market, […]

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conciliation

Are conciliation proceedings at the CCMA privileged? A case study perspective.

The Labour Relations Act No. 66 of 1995, as amended (hereinafter referred to as “the LRA”), is regarded as the most important part of any Labour Legislation. The Labour Relations Act created structures for the purpose of collective bargaining, this included bargaining and statutory councils. The above-mentioned councils, in conjunction with the Commission for Conciliation, […]

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Technology Law : Cryptocurrencies and SARS – what is the latest?

In South Africa, as with most other countries around the world, there is no specific guidance and regulation regarding cryptocurrencies and many aspects of technology law. In the recent budget review, South African Revenue Service (“SARS”) proposed that any amendments to the income tax and value-added tax (“VAT”) legislation to deal with cryptocurrencies, pose a […]

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acknowledgement of debt

Are Acknowledgement of Debt’s subject to the provisions of the National Credit Act 34 of 2005?

Consider the following practical example: You loaned R 20 000.00 from a friend/colleague. You could not repay the loan as you initially promised due to financial difficulties. Your friend/colleague draws up an Acknowledgment of Debt (hereafter referred to as ‘AOD’) whereby the new repayment terms are clearly specified. Furthermore, he or she requests that your […]

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