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Another giant  joints the crypto  graveyard
6 December 2022 Dispute Resolution

Another giant joints the crypto graveyard

Even if you are completely new to anything crypto, FTX, Sam Bankman-Fried (SBF) and the billions of dollars wiped from the crypto market would have been difficult to miss. The collapse of FTX, one of the world’s biggest cryptocurrency exchange platforms, has been likened to that of Enron – not only because of the liquidation lawyer that they share, but due to the utter lack of corporate governance and regulatory oversight that is being uncovered and publicly reported on by the liquidation lawyers in the aftermath of the collapse.

Consent to judgment clauses
6 December 2022 Dispute Resolution

Consent to judgment clauses

It is commonplace to encounter settlement agreements containing a consent to judgment clause. This clause typically provides that the debtor consents to judgment being entered against them for any outstanding amount should they default on the payment plan. Such a clause would normally be inserted at the initiation of the creditor.

16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace
6 December 2022 Employment Law

16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace

As the world commemorates the annual 16 Days of Activism Against Gender-Based Violence, in South Africa we place a specific focus on no violence against women and children. According to a study by the University of South Africa/Universiteit van Suid-Afrika, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Hedda Schensema, Director in our Employment Law practice discussed this in more detail with eNCA.

Paradigm shift: Automatically unfair or a genuine operational requirement
5 December 2022 Employment Law

Paradigm shift: Automatically unfair or a genuine operational requirement

On 10 November 2022, the Labour Court handed down its judgment in Inqubela Phambili Trade Union and Others v Pioneer Foods (Pty) Ltd, Wadeville Beverages (JS740/2019) [2022] ZALCJHB 314 (10 November 2022). This case revisits the fine line between whether a dismissal is automatically unfair because of a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer, or for a genuine operational requirement.

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Another giant  joints the crypto  graveyard
6 December 2022 Dispute Resolution

Another giant joints the crypto graveyard

Even if you are completely new to anything crypto, FTX, Sam Bankman-Fried (SBF) and the billions of dollars wiped from the crypto market would have been difficult to miss. The collapse of FTX, one of the world’s biggest cryptocurrency exchange platforms, has been likened to that of Enron – not only because of the liquidation lawyer that they share, but due to the utter lack of corporate governance and regulatory oversight that is being uncovered and publicly reported on by the liquidation lawyers in the aftermath of the collapse.

Consent to judgment clauses
6 December 2022 Dispute Resolution

Consent to judgment clauses

It is commonplace to encounter settlement agreements containing a consent to judgment clause. This clause typically provides that the debtor consents to judgment being entered against them for any outstanding amount should they default on the payment plan. Such a clause would normally be inserted at the initiation of the creditor.

Paradigm shift: Automatically unfair or a genuine operational requirement
5 December 2022 Employment Law

Paradigm shift: Automatically unfair or a genuine operational requirement

On 10 November 2022, the Labour Court handed down its judgment in Inqubela Phambili Trade Union and Others v Pioneer Foods (Pty) Ltd, Wadeville Beverages (JS740/2019) [2022] ZALCJHB 314 (10 November 2022). This case revisits the fine line between whether a dismissal is automatically unfair because of a refusal by employees to accept a demand in respect of any matter of mutual interest between them and their employer, or for a genuine operational requirement.

CDH Kenya scoops prestigious awards at the 5th annual Nairobi Legal Awards
2 December 2022

CDH Kenya scoops prestigious awards at the 5th annual Nairobi Legal Awards

On 25 November 2022, The Law Society of Kenya’s Nairobi branch hosted the 5th edition of the Nairobi Legal Awards. These awards are held on an annual basis to recognise law firms, legal departments, and individual lawyers that have demonstrated outstanding standards of service delivery in their practice of law.

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Treasury to Implement an Unemployment Insurance Fund
23 March 2021 Employment Law

Treasury to Implement an Unemployment Insurance Fund

Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.

Labour and Employment Guide 2020
23 March 2021 Employment Law

Labour and Employment Guide 2020

Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.

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16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace
6 December 2022 Employment Law

16 Days of Activism Against Gender-Based Violence - Sexual harassment in the workplace

As the world commemorates the annual 16 Days of Activism Against Gender-Based Violence, in South Africa we place a specific focus on no violence against women and children. According to a study by the University of South Africa/Universiteit van Suid-Afrika, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Hedda Schensema, Director in our Employment Law practice discussed this in more detail with eNCA.

The Hustler Economic Revival
14 November 2022 Tax & Exchange Control

The Hustler Economic Revival

Alex Kanyi, Partner in the Nairobi Tax & Exchange Control practice recently sat down with NTV to discuss the changing tax laws in Kenya.

I tweet what I like
9 November 2022 Employment Law

I tweet what I like

Social media has radically transformed our modes of communication, however, there are inherent dangers, given the public nature of these platforms. Phetheni Nkuna, Director in our Employment Law practice discusses how we should balance the scales between sharing an opinion, fair comment, and defamation of character, with eNCA

Collection of rental income tax is nothing new
26 October 2022 Tax & Exchange Control

Collection of rental income tax is nothing new

CDH Kenya Partner, Alex Kanyi joined NTV to discuss the collection of rental income tax. He delves into the notice issued by the Kenya Revenue Authority authorising its agents to ask for information of landlords' details from tenants, which information may be used for their rental income tax assessments.

Kenya Kwanza taxation plans
24 October 2022 Tax & Exchange Control

Kenya Kwanza taxation plans

Alex Kanyi, a Partner in our CDH Kenya Tax & Exchange Control joined Business Redefined show on NTV Kenya to discuss the Kenya Kwanza taxation plan. In this interview, Alex together with a panel of experts delve into the new taxation plans and issues regarding taxations in light of the new government

Tax potential of Kenyan counties
14 October 2022 Tax & Exchange Control

Tax potential of Kenyan counties

Alex Kanyi, Partner in the Tax & Exchange Control Practice at CDH Kenya recently discussed the internal revenue potential of counties in Kenya. Watch his interview with CNBC Africa here

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16 Days - Sexual Harrasement in the workplace
30 November 2022 Employment Law

16 Days - Sexual Harrasement in the workplace

The international 16 Days of Activism against Gender-Based Violence highlights the recognition of gender-based violence and discrimination against women and children as a human rights violation. According to a study done by the University of South Africa, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Tshepiso Rasetlola, Associate in our Employment Law practice discussed this in more detail with Channel Africa.

Njeri Wagacha talks to Ed Burbidge
21 November 2022 Corporate & Commercial

Njeri Wagacha talks to Ed Burbidge

CDH Kenya Partner, Njeri Wagacha, publishes the podcast 'Njeri Talks Law' every month. This month, she speaks with Ed Burbidge, CEO of I&M Burbidge Capital a corporate finance advisory firm in Nairobi. Ed talks about the start of his career, moving to Kenya, setting up Burbidge Capital, and the merger with I&M Bank.

Renewed efforts by the taxman to collect rental income tax
17 November 2022 Technology, Media & Telecommunications

Renewed efforts by the taxman to collect rental income tax

On 18 October 2022, the Kenya Revenue Authority (KRA) issued a notice to the public of its intent to undertake a data collection exercise on rental properties within Nairobi City County and the Nairobi Metropolis. This exercise, which entails moving from house to house to collect information from tenants on their landlords, has elicited reactions from the public. Accordingly, the taxman's move raises a lot of questions, for tenants, landlords, and the public at large. Some of the key questions that need to be addressed include: what Rental Income Tax (RIT) is, how it is paid, how KRA can enforce payment of RIT under the law, the parts of the country where KRA's data collection exercise be conducted, whether KRA has conducted similar data collection exercises before and what the key data protection issues are. Click here to listen as Alex Kanyi, Shem Otanga, and Joseph Macharia provide some clarity on the taxman's data collection exercise, its legal founding under current law, and the implications to taxpayers and KRA.

Secondment and Outsourcing - Alternatives to Traditional Employment
14 November 2022 Employment Law

Secondment and Outsourcing - Alternatives to Traditional Employment

It has become common practice for employers, in certain industries, to obtain human resource and talent services through alternative structures, such as outsourcing and secondment. As common as it is, it is prudent for an employer to understand what these structures entail and most importantly their legal implications, especially since they are not regulated by a specific law in Kenya. Join CDH Kenya's Employment Law expert, Rizichi Kashero-Ondego is joined by J.D Dungu, Director at Preferred Personnel Africa, to discuss these alternative structures, and what an employer should consider before undertaking them.

An effort to fast-track transformation – The proposed Amendments to the Employment Equity Act and their implications on industry
7 November 2022 Employment Law

An effort to fast-track transformation – The proposed Amendments to the Employment Equity Act and their implications on industry

In this episode of CDH Conversations, Professor Hugo Pienaar and Abigail Butcher discuss the Employment Equity Amendment Bill, which is likely to be promulgated in late 2023, and the impact that its promulgation will have on employers. The proposed amendments include a change to the definitions of "designated employer" and "people with disabilities", the removal of the requirement for HPCSA certification in respect of psychological testing, the introduction of sectoral numerical targets by the Minister and the practicalities around the submission of employment equity reports.