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A cautionary tale of the man who cried “admin action”
5 June 2019 Dispute Resolution

A cautionary tale of the man who cried “admin action”

On 17 May 2019, the Supreme Court of Appeal (SCA) delivered its judgment in the case of Motala v The Master of the North Gauteng High Court, Pretoria (92/2018) [2019] ZASCA 60 (17 May 2019). The matter concerned an administrative review application of the Master’s decisions to remove Mr Motala as the joint provisional liquidator of seven companies forming the Pamodzi Group, as well as her decision to remove him from the panel of liquidators. The review application was dismissed in the Pretoria High Court and the matter was taken on appeal to the SCA.

REIT regime – now extended to new exchanges
5 June 2019 Corporate & Commercial

REIT regime – now extended to new exchanges

The South African Real Estate Investment Trust (REIT) structure is a listed property investment vehicle, similar to internationally recognised REIT structures, where a tax dispensation ensures a flow through of net property income to investors. A REIT is essentially a company that owns and operates income-producing immovable property.

Escape route: “Resignation with immediate effect”
3 June 2019 Employment

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal. In Naidoo and Another vs Standard Bank SA Ltd and SBG Securities (Pty) Ltd (Case No: J1177/190 [Delivered 24 May 2019], the Labour Court ruled that an employer has no power to discipline employees who have been charged with acts of misconduct and dishonesty but who have resigned with immediate effect before the date of their disciplinary hearings. The correct way to proceed, according to the court, is to hold the employee to his or her contract by seeking an order for specific performance.

South Africa’s rising unemployment tide: An alternative model
3 June 2019 Employment

South Africa’s rising unemployment tide: An alternative model

According to the most recent figures released by Stats SA, the unemployment rate rose to 27.6% in the first quarter of 2019, up from 27.1% in the previous period. This is the highest jobless rate recorded since Q3 2017, as the number of unemployed went up by 62,000, to 6.2 million, and the number of jobs fell by 237,000 to 16.29 million. These distressing statistics are indicative of the inadequacies of the current labour model in combatting the ever-present battle against unemployment.

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To dispose or not to dispose… that is not the only question
6 May 2019 Corporate & Commercial

To dispose or not to dispose… that is not the only question

Companies often find themselves entering into disposal transactions which are possibly subject to the provisions of s112 of the Companies Act, No 71 of 2008 (Act), whether by selling a division of its business, disposing of its shares in a subsidiary or even undertaking an internal restructure.

To be or not to be: In writing
6 May 2019

To be or not to be: In writing

In the recent case of NUMSA obo Nomanyane and another v Grupo Antolin (Pty) Ltd MICT28342, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments
3 May 2019 Tax & Exchange Control

Exchange control and non-residents investing in South Africa: Relaxation of policy pertaining to payments

On 18 April 2019, the Financial Surveillance Department of the South African Reserve Bank (FinSurv) released three circulars, including Exchange Control Circular 9/2019 (Circular), regarding changes to South Africa’s exchange control (Excon) rules. The Circular deals with changes in the policy pertaining to payments in different contexts, made by persons or entities who are regarded as non-residents for Excon for purposes.

The race card: Not the joker in the pack
29 April 2019 Employment

The race card: Not the joker in the pack

In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an employee who was dismissed for gross insubordination committed misconducted by failing to obey lawful and reasonable instructions as well as by making false accusations of tacit racism and harassment by the employer.

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The Ins and Outs of Outsourcing
30 June 2015 Outsourcing

The Ins and Outs of Outsourcing

According to a recent Outsourcing and Insourcing Report compiled by Deloittes, the trend towards IT outsourcing is increasing, with clients looking to optimize vendor relationships and improve operational efficiency.

California Uber driver ruled to be an employee
19 June 2015 Employment

California Uber driver ruled to be an employee

The California Labor Commission recently ruled that an Uber driver, Barbara Ann Berwick, was indeed an employee and not an independent contractor. This ruling was reached against the backdrop of a class action suit against Uber (and its competitor Lyft) by drivers who want to be classified as employees and not as independent contractors.

Cliffe Dekker Hofmeyr acted as legal counsel for Busamed in relation to debt funding of two private hospitals
11 June 2015 Finance & Banking

Cliffe Dekker Hofmeyr acted as legal counsel for Busamed in relation to debt funding of two private hospitals

Mashudu Junior Mphafudi, and Preshan Singh-Dhulam, directors in the Finance and Banking practice at Cliffe Dekker Hofmeyr, acted as legal counsel to Busamed in relation to the debt funding provided by Standard Bank of South Africa Limited and FutureGrowth Asset Management, for both the Busamed Paardevlie Private Hospital (100 bed facility) and the Busamed Modderforntein Private Hospital (170 Acute Facility and 50 beds Sub-Acute facility).

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Issues women face in the workplace
23 August 2016 Employment

Issues women face in the workplace

CDH director in the Employment practice, Samiksha Singh discuss issues women face in the workplace, such as gender pay gap, being seen as an inferior gender and other obstacles.

Employment Equity Legislation
11 August 2016 Employment

Employment Equity Legislation

Hugo Pienaar, director in the Employment practice at CDH speaks to Ian Wessels and Igan Klynsmith about the employment equity legislation.

Employment Equity Act
11 August 2016 Employment

Employment Equity Act

Professor Hugo Pienaar, Director at CDH and former student at NWU talks about the Employment Equity Act.