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Johan Botes

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Johan Botes heads Baker McKenzie’s Employment & Compensation Practice Group in Johannesburg. Johan is experienced in employment law and labor relations, focusing on South African and sub-Saharan African employment law and employee relations. He regularly advises multinational clients on industrial relations, employment negotiations, labor dispute resolution, change management, and organizational restructuring. His team manages multijurisdictional employment and employee relations projects on behalf of various multinational clients.

Doing Business in South Africa outlines some of the principal matters that will affect an overseas entity that proposes to establish and carry on business in South Africa. Topics covered include: Establishing a legal entity Tax Black economic empowerment Exchange control Anti-bribery and corruption Intellectual property All of the information included…

Stakeholders demand mining companies be not only profitable and productive but also responsible and sustainable The mining industry is facing new challenges. In the past, mining companies simply had to plan their production on the basis of “highest volumes at the lowest production cost” to keep stakeholders happy. Today, mining…

As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, and governments and health authorities work tirelessly to defeat it, major economies, including China, are experiencing mounting pressure as consumer spending, production and investment are drastically curtailed due to virus-related risks. Subsequently many companies are therefore also facing…

The energy transition from fossil-based fuels to lower carbon alternatives is underway. While it is a threat for the fossil fuel based energy sector, it is also driving significant new opportunities, including demand for reliable and cost effective energy storage and, with it, demand for different types of minerals, such…

“You can’t fire me, I resign!” sounds like something one of Harvey Spectre’s clients might say. But if your employment relationship is not in Hollywood, but South Africa, what would the legal position be in respect of resignation to avoid dismissal?

While no piece of legislation will ever provide absolute protection and no-one can earnestly guarantee whistle-blowers that their lives will not be affected in some way once they point out wrongdoing, workplace whistle-blowers can rely on the protection afforded by the South African Protected Disclosures Act provided that they made a protected disclosure.

61% of executives polled in a recent Baker McKenzie and Euromoney survey stated that trade secrets and intellectual property are a board-level issue, reflecting the rising value of trade secrets in our digital age.

The processes related to workplace discipline often confound employees. Whether this is the result of lapping up Suits or Law & Order is an open question, but we frequently see employees misconceiving their rights and obligations when faced with allegations of wrongdoing in the workplace. Employees do their cause more harm than good when labouring under misapprehensions on the nature of workplace discipline.