When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is regardless of whether you are dealing with a bank or even a long-time friend.
Oppression actions under Section 346 of the Companies Act, 2016 (“S346”), are usually filed by minority shareholders who were unfairly prejudiced. At first glance, it seems counterintuitive that the majority shareholder can be oppressed as one would typically associate strength with numbers.
The difference between VSS, MSS and retrenchment is simply the voluntariness of leaving the position employed, and the mode of which this is done.
Economic activities slowed down as people around the world heed respective governments’ advice to stay indoors as the Covid-19 pandemic ravages through global economies, distressing businesses across sectors and industries…
The use of video conferencing in Courts is not new. Due to COVID-19 and the Movement Control Order, the civil courts have also allowed more hearings to be conducted online. We have even recently seen a Court of Appeal hearing live-streamed on the judiciary’s website. Can the same be adopted by the Industrial Court?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense, this is called Consideration. Consideration is an essential element in every contract and/or agreement. Consideration refers to the benefit that each party receives or expects to receive from the contract.
Although the notice period issue is only looked at from the lens of an employee most of the time, it should not be overlooked that employers similarly have rights to ensure that a resigning employee complies with their contractual obligations. An abrupt resignation or abandonment of employment can cause an employer loss and damage as there would be an unplanned vacancy.
An employer’s primary intention in offering a fixed term employment contract is because the employer does not have to commit to the permanent employment of the incoming employee. This note examines the factors Court take into account in determining if the contract of employment was one of a fixed term nature.
This article focuses on shareholder meetings, instead of board meetings. For board meetings, the capability of a board to conduct a virtual meeting generally depends on the constitution of the company, and each company’s constitution may differ from one another.
‘He who comes into equity must come with clean hands’ is an established principle in equity, commonly known as the clean hands doctrine. Whilst it is established that the clean hands doctrine bars the winding up of companies on just and equitable grounds, its applicability in oppression suits is less clear.