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Attorneys in Kempton Park

Who Owns Your Employee’s Invention? Lessons from the “Please Call Me” Saga

It’s a case that has been making headlines for years, the “Please Call Me” saga in which Vodacom has been sued by an ex-employee and is now at risk of having to pay over billions of rand to him. With April being “World Intellectual Property Month”, now’s a perfect time to see what lessons this bitter fight holds for all employers and their employees.

How to Safeguard Your Digital Presence: A Simple Checklist for Website Compliance

Your website, social media profiles, and other online platforms play a vital role in your business strategy and in staying ahead of your competition at all times. However, it’s not just about marketing effectively. Ensuring compliance with regulations is equally crucial, although often overlooked.

Fired For Moonlighting

“Moonlighting” is the practice of employees boosting their monthly income with a “side-job” or “side-business”. It has been a feature of working relationships since the dawn of history, but now the pandemic lockdowns and the shift to the “gig economy”

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

You accept a great offer on your property, the sale agreement is signed and the buyer pays the deposit. You put the champagne on ice. But before you can pop it open, the buyer’s bond applications are rejected by every bank. Your sale is about to die. Is there anything you can do to rescue it?

Don’t risk consequential “loss of profits” damages: Check your contracts and insurance!

One of the risks you run in any business is being sued for losses you cause to someone else. Although normally your risk of legal liability is linked to the claimant proving some form of negligence on your part (i.e. the onus is on the claimant to prove your negligence), there are exceptions. To take one example (as seen in the case discussed below) a “carrier of goods for reward by land” has “absolute liability” to deliver goods

When company directors and shareholders come to blows

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 remedy in the form of a court application for relief from “oppressive or prejudicial conduct”. This relief is available where…

A million rand warning: Act when employees reach retirement age

Many employees reaching “retirement age” (often set at 60 or 65) are not ready to retire. Perhaps they need to carry on earning an income, often they are fit and healthy and want to remain engaged and productive. Increasingly, both factors are at play. Regardless, the concepts of an aging workforce and “65 is the new 50” are here to stay, and employers and employees alike need to tackle the changing realities that come with them.

What SARS says about crypto assets and tax

If you are thinking of buying – or have bought – any “crypto asset” such as a cryptocurrency like Bitcoin, Ethereum, Polkadot, Solana (or any of the many other cryptocurrencies springing up all over the place), be aware of the tax implications. As a start, read the new SARS webpage “Crypto Assets and Tax” here, first published on 27 August 2021 and providing guidance on (at date of writing – expect this webpage to evolve!)

Don’t let delays in the Master’s Office leave your family in financial distress

Whilst the first and most important step in your estate planning is always to have in place a professionally drawn and regularly updated will (“Last Will and Testament”), there is another aspect which demands your urgent attention, particularly now… It is essential that you provide for your family’s ongoing financial needs during the process of winding up your estate, because all your bank accounts will be frozen.

Property Sellers: Why, how and when to choose your own conveyancer

For many of us, our home is our most important asset so when it comes time for us to sell, do everything possible to ensure that your interests are fully protected, that the sale goes through quickly and smoothly, and that you are paid without unnecessary delay. Appointing the right conveyancer is key here. Let’s have a look at the “Why, Who, How and When” of it…

Unmarried Parents: A new ‘Notice of Birth’ ruling for fathers, with 3 Surname Choices

New parents, married or not, are obliged by the Births and Deaths Registration Act (“the Act”) to register their child’s birth with Home Affairs within 30 days. However in regard to the actual process of giving this “notice of birth”, the Act has always distinguished between married and unmarried parents. In particular, unmarried fathers have until now been unable to register the child under their own surname except with the mother’s permission. Given the importance – to the child, to the parents and to their wider families

Community scheme disputes and the ombud’s powers to resolve them

If you have a dispute with anyone in a “Community Scheme” – sectional title, Homeowners Association (HOA) or the like – remember that your first port of call should be the CSOS (Community Schemes Ombud Service). Disputes are inevitable in any community situation, with sources of conflict ranging from noise issues to problem pets, common area usage disagreements, parking space complaints and so on.

Can You Change Your Marital Regime After Marriage?

The advertising requirement is designed to protect you as a creditor from having to claim from a debtor which suddenly becomes a worthless shell having quietly sold away from its business and/or assets beyond…

Dismissed: The Butcher Who Went to Work With COVID-19

The advertising requirement is designed to protect you as a creditor from having to claim from a debtor which suddenly becomes a worthless shell having quietly sold away from its business and/or assets beyond…