“In my opinion a Court should be wary of allowing the sharp outlines of these two established branches of the law of unlawful competition [copyright and passing off] evolved through long experience, to be fudged by allowing a...
Read MoreOn 15 February 2010 MJD Wallis AJA delivered a landmark judgment in SA Maritime Safety Authority (SAMSA) v McKenzie; [2010] 5 BLLR 488 ; (2010) ILJ 529 (SCA) (17/09) [2010] ZASCA 2. Multiple causes of action based on the...
Read MoreSA Maritime Safety Authority v McKenzie When is jurisdictional challenge raised as opposed to jurisdiction over pleaded claim concerning creation of contractual rights? The Constitutional Court has repeatedly ruled that you...
Read MoreThe Constitutional Court referred to the “troubling features” of a case when refusing an employer leave to appeal against a CCMA arbitration award in which 10 months compensation was awarded to a constructively...
Read MoreWhat are we to make of an article entitled “Employee must disclose misconduct” in the April 2009 Business Law & Tax Review supplement advising employers in effect to obtain a type of indemnity or guarantee from...
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