DTS Attorneys – Law Firm in Port Elizabeth

Companies: Are Restraints of Trade Valid in a Time of Covid?

Consider this unhappy (but not unlikely) scenario: For whatever reason, you part ways with your fellow director/shareholder (or perhaps a key employee), who goes off immediately to join (or found) the opposition. Now you have a major problem – he/she was privy to all your trade secrets and confidential information and they are now being […]

Domestic Workers and Employers: The New Injury and Illness Cover Explained

“Domestic employees” are now covered under the Compensation for Occupational Injuries and Diseases Act (COIDA) and will now be entitled for compensation from the Compensation Fund in the event they are injured or contract diseases while on duty. The new benefits Note: The benefits set out below are recorded in summary only and awards are […]

Can an Employee Who Refuses Vaccination be Fired?

Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant number of people will refuse to be vaccinated. The reasons given for this stance have been many and varied, some mainstream and reasonable, others less so. Perhaps some of […]

When Company Directors and Shareholders Come to Blows…

What happens when a company’s directors and shareholders fall out and cannot reconcile their differences? “Relief from oppressive or prejudicial conduct” If you should find yourself in such an unfortunate situation, our Companies Act offers you several possible remedies. Professional advice specific to your case is essential here but be aware of a particularly versatile […]

Can Employees Resign to Dodge Disciplinary Hearings?

It’s an age-old workplace dodge – threatened with a disciplinary hearing and fearing a guilty verdict, an employee resigns with immediate effect and walks out the door with a defiant “Well that’s it, you just lost your right to discipline me. See you around, loser”. No longer! Our courts have dealt with this issue often […]

New National Minimum Wage and Earnings Thresholds From 1 March 2021

The National Minimum Wage (NMW) for each ordinary hour worked has been increased from R20,76 to R21,69 per hour [a 4.5% increase] for the year 2021 with effect from 1 March 2021. It is illegal and an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in […]

Workplace Bullying – Can You Claim Constructive Dismissal?

An employer may be tempted, when an employee resigns, to breathe a sigh of relief and think “great, I got rid of a problem without having to jump through all the hoops of a disciplinary enquiry/retrenchment process”. Not so fast! One of the protections our law provides to employees is the “constructive dismissal” concept, and […]

Directors, Trustees: Can You Hold Your AGMs and General Meetings on Zoom?

Regrettably the pandemic still shows no sign of going away any time soon, and the social distancing it has brought to our “new normal” leaves companies with a dilemma. How can you comply – safely and lawfully – with the Companies Act’s stringent requirements for the holding of Annual General Meetings and (where needed) interim […]

Directors: Reckless Trading and Personal Liability in the Time of Coronavirus

The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are either trading in insolvent circumstances, or in grave danger of doing so. Reckless trading and your risk of personal liability To quote from the Companies […]

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