Without Prejudice - Volume 15, Issue 11, 2015
Volume 15, Issue 11, 2015
Author Anli BezuidenhoutSource: Without Prejudice 15 (2015)More Less
In the case of Cele and Others v Eskom Holdings SOC Ltd LC (JS1086/12)  ZALCJHB 271, the Labour Court looked at whether an erroneous payment made by an employer to its employees for over 10 years could lead to the payments forming part of the employees' terms and conditions of employment.
Source: Without Prejudice 15, pp 46 –47 (2015)More Less
Given the widespread availability of phones, devices and apps which enable a user to easily record conversations, and the need to hide or disguise the device, the tendering of digital recordings by employees of meetings, conversations or discussions with their employers, as evidence in disputes, is becoming more frequent. However, is the act of recording a private conversation in secret, without informing the employer that it is being done, a form of actionable misconduct?
Source: Without Prejudice 15, pp 48 –49 (2015)More Less
The Maintenance Amendment Bill was tabled in parliament in early November, and has subsequently been passed and sent to the President for assent. The Bill proposes 18 amendments to the current Maintenance Act (99 of 1998), in order to provide clarity on the lodging of complaints relating to maintenance payments, and the enforcement of complaints and maintenance orders.
Source: Without Prejudice 15 (2015)More Less
The South African Revenue Service (SARS) released Binding Private Ruling 209 (BPR 209) on 21 October. This deals with whether dividends tax must be withheld from dividends distributed in cash by a company to a discretionary trust that in turn distributes such dividends to the beneficiaries of the trust. The beneficiaries of the trust are either employees of the company or its subsidiaries.
Author Craig HindleySource: Without Prejudice 15 (2015)More Less
The South African Civil Aviation Authority (SACAA) recognised an urgent need for regulation of drones or Remotely Piloted Aircrafts (RPA) to ensure the safe operation of this technology within our local airspace. This culminated in the drafting of regulations in collaboration with the International Civil Aviation Organisation (ICAO) which came into effect on 1 July.
Author Leigh JepsonSource: Without Prejudice 15, pp 51 –52 (2015)More Less
Author Hugh LaneSource: Without Prejudice 15, pp 52 –57 (2015)More Less
The recent Constitution Seventeenth Amendment Act, which conferred jurisdiction upon the Constitutional Court in non-constitutional matters, has resulted in a worrying trend to temper the fundamental internationally recognised principles of "freedom of contract" and "contracts must be honoured" with fairness and public policy. It has introduced uncertainty into our law of contract. "Freedom of contract" broadly means that one is free to decide whether, with whom and on what terms to contract, while "contracts must be honoured" requires exact enforcement by the courts of valid contractual obligations.
Author Reinhard KrugerSource: Without Prejudice 15, pp 59 –61 (2015)More Less
With the so-called Warsies burning with excitement as the new edition of the Star Wars phenomenon is set to be released at the end of the year, most of these loyal fans are unaware of the behind the scene battles surrounding Star Wars merchandise. These battles do not take place on the desert planet of Tatooine or the swamp lands of Dagobah, but rather on the battlefield of the courtrooms. One such battle took place in the British case of Lucasfilm Limited and others v Ainsworth and another  UKSC 39, which was heard by the Supreme Court of the United Kingdom.
Author Gail SchimmelSource: Without Prejudice 15, pp 62 –63 (2015)More Less
I have noticed an increase in the phenomenon of parents opening a Facebook page for their underage children, and posting cute photos and stories to that page. The idea, I guess, is that it will be like a modern photo album and the child can look back at all the lovely memories from their childhood.
Author Paul GilbertSource: Without Prejudice 15, pp 65 –66 (2015)More Less
I speak to a lot of people who have recently moved into new roles. It is a tough period and after three months there is often a striking contrast between their negative emotional response to their new role, compared with the anticipation and excitement they felt on joining their new company.
Source: Without Prejudice 15, pp 66 –74 (2015)More Less
Shepstone & Wylie
Baker & McKenzie
The South African Institute of Intellectual Property Law Institute (SAIIPL)/KISCH IP
Clyde & Co
Cliffe Dekker Hofmeyr
The CSSA/JSE Integrated Reporting Awards 2015
African Legal Awards
Norton Rose Fulbright
Source: Without Prejudice 15, pp 78 –81 (2015)More Less
This article is meant to serve as an introduction for aspirant art investors into the basics of the art market in general, and in Johannesburg in particular. It explores how art grows in value and how you can buy affordable art whilst also sensibly assessing the financial risks and potential rewards of doing so.
Author Ben StraussSource: Without Prejudice 15 (2015)More Less
Author John McKnightSource: Without Prejudice 15, pp 82 –84 (2015)More Less
It's holiday season again and long hours in close proximity with your family and in-laws beckon. Take the edge off the experience with this Rock 'n' Roll quiz. Questions range from the easy to the fiendishly difficult. Check your score at the end and feel free to torment your nearest and dearest with the rock trivia mentioned throughout.
Author Vaughn WilliamsSource: Without Prejudice 15, pp 85 –86 (2015)More Less
It's that time of the year again. Time to brave the busy roads and packed beaches for our little piece of family holiday bliss. Whilst we sit at our desks fantasising about the gorgeous beach bodies and sparkling blue ocean... wait! Where was I? Oh yes, before you take that wonderful family holiday, keep the following in mind.
Author Johan BotesSource: Without Prejudice 15, pp 86 –87 (2015)More Less
They say a good baker will rise to the occasion (it is the yeast he can do...). However, the fear of crashing and burning is what keeps amateur bakers from taking their baking outside the safety and comfort of their own homes. The horror of someone else tasting your under-baked carrot muffins can only be surpassed by the nightmare of a stranger's grimace when biting into a cake where you mistakenly added bicarbonate of soda instead of castor sugar.