News & Articles
To post or not to post? When is privacy violated?
Your neighbour has been piling heaps of rubbish on his sidewalk. You’ve raised the issue with him but to no avail. Now you’ve taken photos of the mess and want to post them on Facebook to try and get other neighbours to also put pressure on him to clean up the mess. However, you pause and wonder about whether you can post the photos and identify your neighbour. Is it an invasion of privacy, or in the public interest?
Hybrid work arrangements are great, but is your business information safe?
Your business was forced to enable staff to work remotely during lockdown. Surprisingly, it worked so well for both staff and your business that you have continued with a hybrid working environment with staff working from home and the office on a rotational basis. Productivity has not been affected and staff appreciate the flexibility that the hybrid work arrangement provides. A nagging issue though is the question of whether your business information is as secure with staff being at home as it is in your secure office environment?
Can you dismiss an employee for refusing to be vaccinated?
Many companies are struggling with the question of whether they can make it mandatory for their employees to be vaccinated against the Covid-19 virus and, if necessary, even take disciplinary steps against an employee who refuses to be vaccinated. So what does our law say about this?
Is Preferential Procurement really important for your business?
As much as B-BBEE legislation and scorecards have become a general part of the business landscape for many companies, the procurement aspect remains a difficult one for businesses to get right and understand how important it is to their overall scorecard result. Below we unpack the Preferential Procurement Element of the B-BBEE Scorecard in more detail to illustrate how careful a business should be not to ignore this crucial element in their planning.
Exploring the new Property Practitioners Act
Most estate agents by now know that the new Property Practitioners Act has come into effect. Yet surprisingly, there is still a lot of confusion about how the Act will affect Estate Agencies and their agents. To help, we have unpacked some of the key points to be considered by any estate agency and property practitioner.
Phatshoane Henney Group Transformation Report 2020/21
It is our privilege to present this fourth Group Transformation Report for the periods 2020/21.
Despite the challenges to the legal industry over the past two years, largely due to the impact of the Covid-19 pandemic, the contributions of our member firms to transformation over the preceding two years, have on the whole managed to eschew the trend with member firms demonstrating an impressive commitment to transformation despite their own pandemic challenges.
Must a psychometric test be certified?
“I have been investigating the use of psychometric tests at my business to better screen potential job applicants. A friend however informed me that I should be careful and make sure that whatever test I use is certified by the Health Professions Council. Is this so, because I’m struggling to find tests that are so certified?”
How are whistle-blowers protected?
How far will the law protect you when you blow the whistle on fraud or corruption at your workplace? In South Africa today this is a pertinent question and an important one for us as citizens working towards an honest and ethical society. If we feel unprotected in making a disclosure of illegal behaviour this inhibits the freedom of persons to make the choice to disclose.
When must a director disclose a financial interest?
Being a director in a company does not necessarily stop you from holding shares in other companies. However, should your company transact with another company in which you have a shareholding stake and from which you could potentially benefit, it becomes important that you disclose such financial interest to your co-directors, even if you can’t influence the transaction.
The Competition Commission is also an enforcer of BEE
Companies showing substantial growth, are likely to attract the interest of investors who may want to acquire the company. Should a company be black-owned and such ownership be dramatically affected by an acquisition, such acquisition my run the risk of being blocked by the Competition Commission.
What if the employee working from home, does not work at home?
If your business has employees working from home, you may be concerned about whether your employees are in fact working their required hours, or if they may instead be “stealing time” from your business. Should companies merely accept this as the new world of work due to the pandemic, or can a company act against such employees?
At long last, clarity on whether you can transfer your water rights
Because of the ample rain that has fallen countrywide, many dams are full, leading to cases where people do not have use for their water rights. So, it begs the question as to whether it is possible to sell your water rights to someone else?
What legal costs can a creditor charge a debtor to recover outstanding debt?
When times are tough, you may not get around to paying all your bills. But be warned, if neglected for too long, it will inevitably lead to letters of demand for payment along with interest, charges and legal fees. As your outstanding obligations grow, you may wonder whether all these costs are allowed? Lets unpack what the law says.
Can you avoid bond cancellation costs?
When your property is in the market and you cancel your bond, is there any way to avoid the bank’s cancellation fee?
Is arbitration a good option for solving legal disputes?
“Our company has noticed a rise in default by our service providers. In the past we’ve managed to address these with a few stern phone calls and letters, but it looks more and more like we are starting to run into serious issues with service providers struggling because of the economy. We don’t want to necessarily engage in litigation but at the same time, we cannot just let these defaults continue. Is arbitration an option for us at all?”