Archive for Aug 2011

THE RESTRAINT OF TRADE THAT SANK THE SUSHI BAR

When you buy a business, think about whether the goodwill you are paying for will be damaged if the seller starts up a new business in competition with you. If so, a “restraint of trade” clause is essential, but beware – it must be properly drawn to be valid. Our courts will not enforce any…

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DISMISSAL FOR DISHONESTY – WHEN IS IT FAIR?

When is dismissal an appropriate sanction for an act of dishonesty by an employee? In a case recently before the Labour Court, a senior municipal manager in a position of trust was found, during a general investigation by the Scorpions into licencing fraud, to have acted dishonestly by using a fake Namibian driver’s licence to…

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