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Does A Contractual Provision Override The Statutory Forfeiture Of Severance Pay?
The Supreme Court of Appeal has clarified critical aspects of severance pay entitlements under South Africa's Basic Conditions of Employment Act, particularly addressing when employees may forfeit severance benefits by unreasonably refusing alternative employment offers. This judgment resolves jurisdictional questions about which forum should adjudicate such disputes and establishes important precedent regarding the interplay between contractual employment terms and statutory severance obligations.
South Africa Employment
CD
Cliffe Dekker Hofmeyr
Article
Netflix And The Reach Of Reputation: A Taiwan Trade Mark Decision And The South African Perspective
A Taiwan Intellectual Property Office decision demonstrates how trade mark protection applies to stylised single-letter devices when an earlier mark has gained substantial recognition through extensive use. The case examines Netflix's opposition to a similar stylised 'M' mark and explores the balance between protecting established brand identity and allowing traders to develop their own marks.
South Africa IP
AA
Adams & Adams
Article
The Story Behind The Story: Policy Ambition Or Competition Concern In The Competition Commission’s Draft Guidelines On Repair, Service And Maintenance Aftermarkets?
The Competition Commission's Draft Guidelines on Repair, Service and Maintenance Aftermarkets propose to regulate how original equipment manufacturers control access to repair parts and services. Drawing from decades-old US precedent, these guidelines raise fundamental questions about whether competition law should intervene in aftermarkets where firms may lack traditional market power. The proposed framework risks expanding competition law beyond its conventional boundaries while potentially imposing oblig
South Africa Anti-trust
CD
Cliffe Dekker Hofmeyr
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