log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: ENSafrica

Sort By Title  |  Sort By Date

Another TERS Extension with Payments Made Directly to Employees
ENSafrica, July 2021

In light of the recent Adjusted Alert Level 4 restrictions, the TERS has officially been extended once again for certain affected employees. The new claim period is from 16 March 2021 to 25 July 2021. Applications for the extended TERS benefit opened on 19 July 2021 and payments are due to commence from 26 July 2021...

Employer, You Missed the Vaccine Risk Assessment Deadline. Now What?
ENSafrica, July 2021

The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk assessments to determine whether they intend to make vaccinations mandatory and for whom...

An Employee Does Not Have to be Caught Red-Handed in an Act of Misconduct to be Found Culpable
ENSafrica, July 2021

A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place...

The Copying of a Brand…Lidl by Lidl
ENSafrica, July 2021

A lot has been written about the Scottish case where William Grant sued the budget supermarket chain Lidl for trade mark infringement. The issue Lidl is selling a gin that one imagines was intended to look rather a lot like the well-established Hendricks gin. This Lidl gin is called Hampstead, although the similarity between the two products relates as much to get-up as to the (surely not coincidental) choice by Lidl of a nine-letter name that starts with the letter H...

What are Employers’ and Employees’ Remote Working Rights (and Responsibilities) during Adjusted Alert Level 4?
ENSafrica, July 2021

The rapid rise in COVID-19 infection rates and a shift to Adjusted Alert Level 4 in South Africa have heightened many employees’ fears and reluctance about physical work interactions, returning to and/or continuing to work in traditional workplaces. Employers must prepare to manage these concerns properly and be informed of their rights and obligations regarding remote working arrangements. The stakes have never been higher...

It’s the Euros, So Let’s Talk… Trade Marks
ENSafrica, July 2021

The magazine World Trademark Review (“WTR”) has published some interesting data about football trade marks. Given that we’re all watching the Euros, this might be a good time to discuss some of the links between trade marks and football. Football clubs have significant trade mark portfolios The club that arguably takes trade marks most seriously is Manchester United, with a trade mark portfolio of 586 marks. Next comes Barcelona with 440...

The EU’s IP Action plan: Lessons for Africa?
ENSafrica, July 2021

At the end of November 2020, the European Commission published a plan for getting the EU out of the mess that it’s in as a result of COVID-19. The report is entitled “.” Although the report is aimed at European authorities and businesses, there are aspects of the plan that have general application...

Lessons from Abroad: Constructive Dismissal, Remote Working and Health and Safety Concerns
ENSafrica, June 2021

 With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead. It is vital to learn from the challenges already confronted by employers worldwide concerning issues such as vaccination, occupational health and safety, and flexible working arrangements and their approaches to such matters...

21-Day Deadline to Comply with New Vaccination Guidelines
ENSafrica, June 2021

On 11 June 2021, the Minister of Employment and Labour released the much-anticipated vaccination guidelines. These are included in the amended Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces (the “Directive”). While some have interpreted the Directive as giving employers carte blanche to impose mandatory vaccination policies, this is not the case...

Copyright…Hell or Divine?
ENSafrica, June 2021

Remember Nirvana? There have been reports about an interesting copyright infringement case involving the grunge band Nirvana, a band that is still associated by many with frontman Kurt Cobain. Yet this case does not involve music copyright. Rather it deals with copyright in an artistic work, a drawing. How about Dante’s Inferno? The case has been brought by a lady called Jocelyn Susan Bundy. Bundy is the granddaughter of C.W. Scott-Giles, a heraldry expert who died in 1982...

Trade Marks: You Gotta Have (Good) Faith
ENSafrica, June 2021

Some opening words In South Africa, as in many jurisdictions, the concept of good faith (bona fides) crops up a lot. So, for example, in order to get registration of a trade mark, the applicant must have a good faith intention to use the trade mark. Once the trade mark is registered the owner must use it in good faith in order to keep the registration alive. In the words of George Michael, “You gotta have faith". Good faith...

Confusingly Similar Trade Marks: What’s Happening in Europe?
ENSafrica, June 2021

We tend to keep an eye on trade mark developments in Europe. It makes sense because South African trade mark law is very similar to EU trade mark law and there’s far more activity in the EU. South African courts do, of course, often consider EU trade mark judgments. Here are a few recent cases:  Rounded curves, thicker lines and a horizontal orientation…was the judge’s mind wandering a little? This was an interesting one...

Competition Commission Prohibits Merger on New Public Interest Ground
ENSafrica, June 2021

On 1 June 2021, the Competition Commission released a media statement indicating that it had, on public interest grounds, prohibited a proposed transaction whereby a private equity firm, ECP Africa, intended to acquire Burger King (South Africa) and Grand Foods Meat Plant from Grand Parade Investments...

The Cybercrimes Act Signed Into Law and Awaiting Commencement Date
ENSafrica, June 2021

 The South African President has signed the Cybercrimes Bill into law, which means it is now an Act of Parliament. The date on which the Cybercrimes Act, 2020 comes into force is yet to be announced, but there are a few key things to note: The majority of the offences created by the Cybercrimes Act relate to data, messages, computers, and networks involving hacking, the unlawful interception of data, ransomware attacks, cyber forgery and uttering, and cyber extortion...

Monitoring Employee Emails in the Era of POPIA
ENSafrica, June 2021

When the Protection of Personal Information Act, 2013 (“POPIA”) comes into effect fully from 1 July 2021, there are some areas of possible dispute that could arise between employers and employees, including the monitoring of employee emails. In a recent Constitutional Court judgment in Turkey, the personal data protection rights of an employee were considered, and could provide some guidance as to how a similar situation may be handled in a South African context...

A Legal Perspective on Dealing with Employees Who Refuse to Mask Up
ENSafrica, May 2021

More than a year after the start of the COVID-19 lockdown, many citizens have adopted a lax approach to mask wearing, social distancing and sanitisation. However, a recent Labour Court judgment in South Africa indicates that employers may, within reason, be able to fairly dismiss employees for not adhering to COVID-19 safety protocols...

Lessons in IT Contracts: Beware of the Cancellation Clause
ENSafrica, May 2021

In Markit Systems (Pty) Limited v Fulcrum Group (Pty) Limited, the Gauteng Local Division of the High Court held that the customer was within its rights to cancel an agreement it had with a service provider because the parties had not been able to agree on the scope and details to be included in the schedule to the agreement...

Long-Awaited Clarity on Broad-Based Black Ownership
ENSafrica, May 2021

After years of uncertainty, Minister Patel has issued a long-awaited Practice Note on 18 May 2021, clarifying the treatment of discretionary collective enterprises for ownership purposes under the Broad-Based Black Economic Employment (“B-BBEE”) Codes...

Commission May Require Notification for Some Small Mergers in Digital Markets
ENSafrica, May 2021

The Competition Commission has published an invitation to comment on its amended guidelines on small merger notification. The guidelines extend the notification of small mergers to those taking place in digital markets, where at least one of the stipulated criteria is met...

The Draft National Data and Cloud Policy: Possible Implications for Data Hosting and Cloud IT Services
ENSafrica, May 2021

On 1 April 2021, the Department of Communications and Digital Technologies published the Draft National Data and Cloud Policy (GG No. 44389). The vision of the policy is move "towards a data intensive and data driven South Africa"...

2006 ISDA Definition Booklets – Bound for the Recycling Bin?
ENSafrica, May 2021

Around 17 May 2021, the International Swaps and Derivatives Association (“ISDA”) is expected to replace our battled-scarred 2006 ISDA Definitions booklets by publishing the new 2021 ISDA Interest Rate Derivatives Definitions (the “New Definitions”)...

Trendy Climate Change Leaves the Fashion Industry Hot Under the Collar
ENSafrica, May 2021

South Africans’ recent celebration of Freedom Day signalled 27 years of democracy. Through democracy, our Constitution further brought us rights and obligations to guide our rainbow nation, including freedom of expression and environmental rights to protect our environment, health and well-being while focusing on the sustainability of our environment. Although clothing serves a function and a need, for many, luxury clothing is the gold standard of self-expression and success...

SMEs Also Need to Comply with POPIA
ENSafrica, May 2021

The Protection of Personal Information Act, 2013 (“POPIA”), South Africa’s privacy or data protection legislation, applies to the processing (which includes collection, use, receipt and destruction) of personal information, such as names and contact details, of individuals and juristic persons, in South Africa...

Companies Must Reach Net Zero Emissions to Stay Relevant to Investors
ENSafrica, April 2021

The race to achieve net zero emissions has played a significant role in pushing forward the fight against climate change. Key stakeholders are becoming alive to the opportunity presented by a decarbonised economy and those who do not get on board now risk being left behind. What chrnet zero? Simply put, net zero is premised on attaining a balance between greenhouse gas emissions produced and the amount removed from the atmosphere...

Can Employers be Compelled to Disclose Pre-Hearing Investigation Reports in Arbitration Proceedings?
ENSafrica, April 2021

Employers who suspect that employees are guilty of misconduct often appoint forensic investigators or legal practitioners to investigate whether such misconduct exists. They then prepare a report with recommendations on how to proceed, including whether disciplinary actions can be taken against the employees concerned...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2021