Entrepreneurs and the small businesses they run are bearing much of the brunt of our deepening economic woes. Some SMEs have prospered, others have sunk – most of us have just battled on, preparing for and dreaming of happier times to come.
In “The mental battle of running a small business” on Daily Maverick Nic Haralambous shares his thoughts on how to stay mentally fit in these trying times with these wise words: “Your emotional well-being is an imperative part of your success and the survival of your business”.
P.S. There may just be some light at the end of the tunnel here – keep an eye on the New York Times “Coronavirus Vaccine Tracker” here. Hold thumbs!
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Don’t panic just yet and ignore the many “fake headlines” in the media implying that you are at immediate risk of non-compliance, but at the same time don’t leave this to the last minute! Preparing for compliance is going to be a time-consuming affair, almost all South African businesses will need to comply, and the penalties for not doing so will be very severe indeed…
]]>The trade union involved objected to the final consultation meeting being held over Zoom, and when the employer nevertheless issued retrenchment notices after proceeding with the meeting online in the union’s absence, the union cried foul and asked the Court to declare the process procedurally unfair. The Court’s decision to affirm the use of video conferencing is particularly significant now that retrenchments are becoming an increasingly prominent feature of our embattled economy.
]]>As a company director you will know how vital it is to avoid any suggestion of reckless trading or of trading in insolvent circumstances, and if your business shows signs of financial distress it is imperative that you act quickly – not only to protect your own legal position but also to boost the chances of your company returning to profitability.
What’s the difference between liquidation and business rescue? How does business rescue work in practice? Read on for the answers…
]]>It’s important for us all to understand how our laws enable that, to know when electronic documents are accepted as being “in writing” and when “electronic signatures” are allowed and in what form (in both property and other transactions), with a special mention of the concept and place of “advanced” electronic signatures.
We’ll end off with a look at the security and fraud angle, with a case of financial advisors sued for R804k providing an example of the dangers involved.
]]>One wonders how many office-based businesses, having been forced to work remotely during the lockdown, will now abandon or minimise their office spaces on a permanent basis rather than return to the “old normal”.
Regardless, if you and your staff are currently working from home, you need to configure the arrangement for maximum productivity and quality of life.
Career Karma’s “A Complete Guide to Working from Home in 2020” on its website shares 10 tips on “How to Succeed as a Remote Worker”, offers a free PDF download “Remote Working: The Ultimate Guide”, and addresses 3 common myths about home working that both employers and employees should get to grips with.
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Let’s lay the groundwork with a look at how our laws protect victims and at how these protections work in practice. Then, and most importantly, we point those in need of guidance and urgent practical help to a “personalised safety plan” covering everything from “Be Prepared” through “Signalling for Help” and “Leaving” to “Staying Safe”.
]]>Now more than ever directors need to be keenly aware of their ongoing obligations in terms of the Companies Act. Failure to live up to the Act’s high standards of care risks personal liability as well as criminal prosecution.
This then is a timely reminder to all “directors” (we explain how widely defined that term is in this context) of the dangers of reckless trading. What is reckless trading? Does the recent CIPC Notice absolve you from liability? How can you minimise your risk? Read on for some thoughts…
]]>Both employees and their employers should be aware of a possible lifeline here in the form of “credit life insurance” which, despite its name, is not just “life” cover. Employees may well find that they are also covered for inability to pay installments following loss of employment or reduction/loss of earnings. It’s an alternative to a bank-offered “payment holiday” – which is of course much better than nothing, but still no free lunch.
Many employees won’t even be aware that they have this insurance. Are you covered, and if so what for? Read on for more…
]]>With so many of us now confined to our homes in a time of heightened tension and stress, even the smallest irritations from next door may well be escalating out of control.
Let’s look at what you can do about it if that happens to you. What are your legal rights? How can you avoid the trench warfare of an ongoing feud? We’ll consider some general principles and their application to the common scenarios of noise complaints and tree disputes, with particular mention of some badly-behaved peacocks and a cherry tree at grave risk of being chopped down.
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