Jacobson Attorneys - Latest Comments

Re:

pauljacobson — Thu, 11 Jul 2013 06:16:39 -0000

Hi Yolan

We don't give legal advice on our site but if you get in touch with us directly, we will gladly set up a meeting with one of my team members so she can give you specific and meaningful advice. The easiest way to contact us is through our contact form on this site.

Re:

Yolan — Thu, 11 Jul 2013 06:13:07 -0000

Thanks Paul,

This is the wording in my contract:

"The employee undertakes that he/she shall not without prior written
consent of the Employer, either during, or within TWELVE (12) months
after termination of this agreement, engage with, solicit business or
employment from, whether directly or indirectly, any entity who during
the currency of this agreement was deemed as a client of the employer"

Does this mean I can't even go for an interview? I wanted to use this more as a bargaining tool for an increase than to actually change jobs.

Re:

pauljacobson — Thu, 11 Jul 2013 05:50:27 -0000

Hi Yolan

Potentially, yes. It depends on the wording of the restraint and a couple other factors but the fact that a client initiated doesn't necessarily mean the restraint won't apply.

Re:

Yolan — Thu, 11 Jul 2013 05:27:31 -0000

Can the restraint of trade prevent you from working at one of a your Employers Clients if the Client was the one who initiated?

Re:

pauljacobson — Tue, 09 Jul 2013 04:12:07 -0000

Hi Dylan

Thanks for your question. Generally speaking there is no requirement for a payment in consideration for the restraint. I can't answer your question about the pay advice offhand but we can look into that for you and give you feedback. Please contact us directly through our contact form and my associate, Samantha, will get back to you.

Re:

Dylan Swartz — Mon, 08 Jul 2013 16:43:56 -0000

Does an employer have to pay a restraint of trade benefit/fee so to speak and reflect that fee on the employees monthly pay advice?

Re:

pauljacobson — Wed, 03 Jul 2013 05:53:14 -0000

Hi Mike

That will depend a bit on the circumstances. Perhaps get in touch with us so we can give you specific advice?

Re:

Mike — Tue, 02 Jul 2013 10:34:10 -0000

Does a restraint have to be signed by both parties to be enforced and can it be enforced against a consultant as opposed to an employee?

Re:

pauljacobson — Tue, 02 Jul 2013 09:36:54 -0000

There is no reason, in principle, why a restraint can't be signed once and operate on an ongoing basis. Unless the agreement expires annually, there is no reason why you should have to enter into a new one each year.

Re:

Ryan — Tue, 02 Jul 2013 09:21:35 -0000

Does anyone happen to know how often a restraint of trade needs to be signed or implemented (Every year?) in order for it to be recognized?

Re: Does the Consumer Protection Act apply to residential leases?

Nathan Smith — Fri, 22 Jun 2012 07:11:44 -0000

CPA applies to all. In this case, even if you are not in the "business" of letting property, it is beneficial to the "Supplier" to have access to the Act. It's logical.

Re: Does the Consumer Protection Act apply to residential leases?

pauljacobson — Mon, 09 Apr 2012 12:15:03 -0000

Hi Graeme

That doesn't make sense to me at all. That interpretation potentially creates a situation where a substantial number of tenants are deprived of the protections afforded to tenants who happen to lease from professional landlords. That is pretty arbitrary when you look at it from a consumer protection perspective.

I think the distinction should be drawn between leases which have a commercial rationale and those which don't and which include leases between family members and leases without a commercial purpose.

Re: Does the Consumer Protection Act apply to residential leases?

Graeme Palmer — Mon, 09 Apr 2012 12:09:25 -0000

I disagree with your commentary. The CPA would only apply to a residentail lease if it was in the "ordinary course" of the landlords business to let residential property. If he has only one property which he lets, then obviously it is not in the ordinary course of his business and the CPA does not apply. If it is a property holding company that lets property, then the CPA would apply.

Re: Does the Consumer Protection Act apply to residential leases?

pauljacobson — Mon, 02 Apr 2012 03:49:56 -0000

Yes, that makes sense to me. If a landlord leases a property in an arms-length transaction and makes money off it (even if that is to pay a bond and operating costs), that is still a commercial activity. The clause may not apply to a family member leasing a property to another and charging enough rent to cover levies and other costs but when it comes to general residential leases, I think that should fall into the "ordinary course of business" requirement.

It can't be commercial leases only because transactions between juristic persons are excluded and the section's scope would be pretty narrow.

Re: Does the Consumer Protection Act apply to residential leases?

Shaun Benater — Mon, 02 Apr 2012 03:46:30 -0000

Great article, thank you! Are you assuming that all residential leases fall into the “ordinary course of business“ requirement?

Re: Shopping bags and direct marketing

Kobus — Sun, 27 Nov 2011 14:29:49 -0000

Interesting; We
as customers have to pay for shopping bags ,my question is were does all this
millions go and who is responsible for reuse this money?

Thank you

kobus@vistarus.co.za

Re: Shopping bags and direct marketing

pauljacobson — Tue, 13 Sep 2011 02:29:14 -0000

Hi Andrew

It helps to have a slightly obsessive and impulse-control challenged personality when it comes to writing posts about topics that I find interesting!

Re: Shopping bags and direct marketing

Andrew Allison — Sat, 10 Sep 2011 03:39:04 -0000

How did you do this so quickly!? Well put. Class action here we come!