Tag ArchivesSchoemanlaw
res judicata

Contempt of court. That’s just criminal. Isn’t it?

Introduction   Firstly, it must be noted that no, contempt of Court does not relate solely to criminal proceedings nor to criminal behaviour. Contempt of Court applies whenever behaviour exhibits simple disregard of a Court order.   Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. In terms of the […]

Read full story
Resignation

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 public domain before the time of disclosure by the disclosing party; becomes publicly known […]

Read full story
Labour law false allegations

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 of basic conditions of employment. The BCEA was specifically enacted to […]

Read full story
Resignation

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 […]

Read full story
capacity

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 leak of real estate company Jigsaw Holdings in 2017. Known to be the largest […]

Read full story