October 2018


The TES ConCourt: Better protection is now clear! Employment Law October 2018

On 26 July, the Constitutional Court handed down its judgment in the matter of Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others. The case, several years in the making, only revolved around the interpretation of LRA s198A(3)(b) and the very narrow question of whether or not it gives rise to a "dual" or "sole" employment relationship after the three-month deeming period for the purposes of the Labour Relations Act (LRA).

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The plagiarist on trial Intellectual Property October 2018

It is true that plagiarism is not a legal concept in the strict sense. It is not defined by any statute or specifically regulated by the common law. Neither industry-specific codes nor policy amount to law, regardless of their consequences. However, this does not mean that the law is not concerned about plagiarism – far from it.

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LOL, WTF... IT’S REALLY NBD! Intellectual Property - Law October 2018

OK, so as we all now know Procter & Gamble (P&G) has decided on a new generation of brand names: WTF, LOL, FML, NBD.

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South Africa’s IP Policy finalised Intellectual Property - Law October 2018

Phase 1 of South Africa's IP Policy has been finalised and is available on the Department of Trade and Industry's website. The Policy is South Africa's attempt to formulate a cohesive statement of its IP position and goals, and is the result of several years' work by a special inter-ministerial committee. IP is said to be a core element required to transition South Africa to a knowledge economy and move away from an over-reliance on natural resources.

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Should the court intervene in a DAB or any other private adjudication? Dispute Resolution October 2018

In South Africa, private adjudication such as a Dispute Adjudication Board (DAB) is well known in the construction industry, especially for major projects. Construction contracts often provide for disputes to be dealt with by alternative dispute resolution (ADR), in the form of a DAB or other private adjudication mechanisms, as a precursor to arbitration, and as opposed to approaching a court for resolution.

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aftertaste - Changing habits Lifestyle - Wine October 2018

Wine drinking habits change constantly. After the initial ABC (Anything But Chardonnay) movement a few years ago (due in part to the over-extracted, heavily-wooded, dark-yellow, high-alcohol Chardonnays made by winemakers after South Africa's reentry into the international wine area), a number of South African winemakers started making classic and elegant, old world style Chardonnays and, in doing so, put this variety firmly back in one of the top spots on the higher end of the South African wine drinking menu. Producers such as Crystallum, Hamilton Russell, Storm and Restless River have produced amazing, world-class Chardonnays in the last few years.

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Spring is in session Lifestyle - On trend October 2018

The time has come for us to refresh our wardrobes as we wave winter goodbye and welcome back the warmth of spring and so many wonderful trends. This spring, why not add a little seasonal flare to your wardrobe with four simple tips to incorporate a spring feeling into your work wardrobe and guide you in selecting pieces of occasion wear for any highlights on your social calendar.

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Spoilt for choice Lifestyle - Motoring October 2018

I often wonder why manufacturers go to such lengths to complicate their brand ranges and make things not only difficult for themselves, but also extremely expensive. Anyone who has walked through a car manufacturing plant will agree that the amount of tooling, expertise, project specific equipment and panels are the reason why new models are prohibitively expensive. You would think manufacturers would try to curtail costs by reducing the numbers of options available.

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Who’s doing what . . . - October 2018 Deal Selection October 2018

SA Exchange Listed M&A

The Independent Institute of Education (ADvTECH) reached agreement with Monash South Africa and LEI AMEA to acquire the Monash SA business as well as the related property company, Laureate SA. The cost of the deal will be R343m plus cash on hand and working capital adjustments at the effective date, to a maximum of R500m.

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