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Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.

If it doesn’t quack like a moneylender, then it probably isn’t one
19 May 2022 Tax & Exchange Control

If it doesn’t quack like a moneylender, then it probably isn’t one

In the recent Tax Court judgment of Taxpayer H v Commissioner of the South African Revenue Service (IT 14213) (9 February 2022), the court was tasked with determining whether the interest expense incurred by the taxpayer stood to be deducted in terms of section 24J(2) of the Income Tax Act 58 of 1962 (ITA) and whether the South African Revenue Service (SARS) had successfully discharged the onus on it for the imposition of an understatement penalty against the taxpayer.

As clear as night and day: An employer has to distinguish between dayshift and nightshift employees when considering dismissal due to unprotected industrial action
19 May 2022 Employment Law

As clear as night and day: An employer has to distinguish between dayshift and nightshift employees when considering dismissal due to unprotected industrial action

The case of Trellicor (Pty) Ltd t/a Trellidor v National Union of Metalworkers of South Africa obo Ndwalane and others [2022] 5 BLLR 442 (LAC) highlights the importance of distinguishing between employees who are on different shifts, and the manner in which they are charged, in respect of unprotected strike action.

The Great Resignation
18 May 2022 Employment Law

The Great Resignation

The Great Resignation is a global trend in which employees have voluntarily resigned from their jobs, since early 2021. However, what happens when an employee changes their mind? Abigail Butcher, Associate in our Employment Law practice, discussed the best practice regarding the withdrawal of a resignation.

Moonlighting: What is the scope of the duty of good faith owed to an employer?
16 May 2022 Employment Law

Moonlighting: What is the scope of the duty of good faith owed to an employer?

In the recent decision of Bakenrug Meat (Pty) t/a Joostenberg Meat Ltd v The Commission for Conciliation Mediation and Arbitration and Others [2022] JDR 0102 (LAC) the Labour Appeal Court considered the issues of dishonesty, conflict of interest and the scope of the duty of good faith owed by an employee to an employer. Specifically, this case deals with “moonlighting”, which is when an employee has a second job in addition to their main or regular job.

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If it doesn’t quack like a moneylender, then it probably isn’t one
19 May 2022 Tax & Exchange Control

If it doesn’t quack like a moneylender, then it probably isn’t one

In the recent Tax Court judgment of Taxpayer H v Commissioner of the South African Revenue Service (IT 14213) (9 February 2022), the court was tasked with determining whether the interest expense incurred by the taxpayer stood to be deducted in terms of section 24J(2) of the Income Tax Act 58 of 1962 (ITA) and whether the South African Revenue Service (SARS) had successfully discharged the onus on it for the imposition of an understatement penalty against the taxpayer.

As clear as night and day: An employer has to distinguish between dayshift and nightshift employees when considering dismissal due to unprotected industrial action
19 May 2022 Employment Law

As clear as night and day: An employer has to distinguish between dayshift and nightshift employees when considering dismissal due to unprotected industrial action

The case of Trellicor (Pty) Ltd t/a Trellidor v National Union of Metalworkers of South Africa obo Ndwalane and others [2022] 5 BLLR 442 (LAC) highlights the importance of distinguishing between employees who are on different shifts, and the manner in which they are charged, in respect of unprotected strike action.

Moonlighting: What is the scope of the duty of good faith owed to an employer?
16 May 2022 Employment Law

Moonlighting: What is the scope of the duty of good faith owed to an employer?

In the recent decision of Bakenrug Meat (Pty) t/a Joostenberg Meat Ltd v The Commission for Conciliation Mediation and Arbitration and Others [2022] JDR 0102 (LAC) the Labour Appeal Court considered the issues of dishonesty, conflict of interest and the scope of the duty of good faith owed by an employee to an employer. Specifically, this case deals with “moonlighting”, which is when an employee has a second job in addition to their main or regular job.

Nurses: A matter of life and death
12 May 2022 Healthcare & Pharmaceuticals

Nurses: A matter of life and death

Today, on International Nurses Day, we honour the invaluable resource that our nurses are. We also reflect on the challenges faced by the South African nursing sector, as highlighted in a recent judgment of the KwaZulu-Natal Division of the High Court ((9148/2021P) [2022] ZAKZPHC 7).

For the good of the public at large: SARS issues binding private ruling on the definition of a public benefit organisation
12 May 2022 Tax & Exchange Control

For the good of the public at large: SARS issues binding private ruling on the definition of a public benefit organisation

Tax deductible donations to philanthropic and other socially beneficial organisations are a familiar feature of many countries’ tax systems – to the extent that such deductible donations can be said to have gained the tinge of infamy in mainstream media. However, the goal of this type of regulation is to incentivise companies and individuals to donate to organisations dedicated to the provision of social goods and insulated from the personal financial benefits which are associated with for-profit enterprises.

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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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Retrenchment due to not vaccinating
20 May 2022 Employment Law

Retrenchment due to not vaccinating

Hugo Pienaar, Director in our Employment Law practice, delved into a recent CCMA case where an employee, who refused to be vaccinated in terms of the employer's compulsory vaccination policy, was retrenched and forfeited their severance pay.

Human rights in the workplace
25 March 2022 Employment Law

Human rights in the workplace

Bongani Masuku, Director in our Employment Law practice, discussed human rights in the workplace, and what employers need to be mindful of so to not discriminate.

Trademarks and rebranding
1 March 2022 Technology, Media & Telecommunications

Trademarks and rebranding

Trademarks represent a form of intellectual property that is rooted in the heart of every business. It provides businesses with a unique identity for the brand, its products and/or services, which is how the enterprise connects with their stakeholders. A brand's identity is often refreshed, through corporate and commercial rebranding exercises which, by their nature, can affect its entire conceptual framework or structures such as its manifesto, mission and vision statement, core product line, etc. In this video, Shem Otanga, a Partner in CDH Kenya's IP, Technology, Media and Telecommunications practice, unpacks some of the legal and practical considerations that business owners should bear in mind while carrying out corporate and commercial rebranding exercises.

The importance of confidentiality
3 February 2022 Employment Law

The importance of confidentiality

As most South African employers formally implement work-from-office or hybrid work policies, both employers and employees must remain mindful of the risk of sexual harassment in virtual and physical work environments.

CCMA's arbitration award of Theresa Mulderij v Goldrush Group
31 January 2022 Employment Law

CCMA's arbitration award of Theresa Mulderij v Goldrush Group

Hedda Schensema, Director in our Employment Law practiced joined Newzroom Afrika to discuss the CCMA's arbitration award of Theresa Mulderij v Goldrush Group. The employee was dismissed for refusing to take the COVID-19 vaccine, the CCMA ruled that the dismissal was substantively fair.

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The Great Resignation
18 May 2022 Employment Law

The Great Resignation

The Great Resignation is a global trend in which employees have voluntarily resigned from their jobs, since early 2021. However, what happens when an employee changes their mind? Abigail Butcher, Associate in our Employment Law practice, discussed the best practice regarding the withdrawal of a resignation.

2022 Draft Rates Bill
13 May 2022 Tax & Exchange Control

2022 Draft Rates Bill

To implement the temporary R1.50 reduction of the fuel levy from April to May, the 2022 Draft Rates Bill, published with the Budget in February, had to be amended by government at the beginning of April. The Bill also deals with changes in tax rates and personal income tax thresholds. Louis Botha, Senior Associate in the Tax & Exchange Control Practice discusses the Bill and the temporary fuel levy reduction with Smile FM.

Njeri talks to Stephane Duproz
9 May 2022

Njeri talks to Stephane Duproz

This month Njeri talks to Stephane Duproz the Executive Director of Cassava Technologies, the holding company for Africa Data Centres. Stephane talks about how datacenters are changing the way data is held, stored, and used and how datacenters are shaping Africa’s technological footprint.