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The case of the email – failure to copy your line manager on emails may lead to a dismissal
27 May 2019 Employment

The case of the email – failure to copy your line manager on emails may lead to a dismissal

Subordination is a fundamental characteristic of the employment relationship and it involves the process of giving instructions to a junior employee with the reasonable expectation for compliance. In Prabashnie Naicker v Africa Flight Services, JR 843/17 (delivered 21 May 2019), the Labour Court was called to decide whether an employee’s failure to adhere to an instruction to copy her line manager in her emails warranted a dismissal.

Enforcing South African judgments in two key jurisdictions: England and the US
22 May 2019 Dispute Resolution

Enforcing South African judgments in two key jurisdictions: England and the US

Favourable judgment in hand, South African litigants would be forgiven for thinking their victory is all but won. Those looking to execute rulings against foreign opposing parties may, however, still have some way to go. If an opposing party has no executable property and no other presence in South Africa, successful parties may have to cross borders to recover their dues. Each country greets foreign judgments with its own set of rules. This article discusses the processes and difficulties of enforcing South African judgments in two key jurisdictions: England and the US.

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Four tips to keep “control” under control
17 April 2019 Corporate & Commercial

Four tips to keep “control” under control

The concepts of “control” and “related persons” are among the most important and pervasive in the Companies Act, No 71 of 2008 (Companies Act), and their ambit may not be as clear-cut as it often seems. Briefly, entities are related to one another if one controls the other, or they have a common controller. Being related brings about the applicability of a number of important provisions of the Companies Act dealing with, for instance, financial assistance, the issuance of shares and the regulation of group companies. Here are a few factors to bear in mind when dealing with control and related parties.

Differentiation doesn’t always equal discrimination: Defences against unfair discrimination claims
15 April 2019 Employment

Differentiation doesn’t always equal discrimination: Defences against unfair discrimination claims

Section 6(1) of the Employment Equity Act, No 55 of 1998 (EEA) states that no person may unfairly discriminate against an employee, either directly or indirectly, on one or more grounds, including but not limited to, race, gender, sex, age, culture etc. Section 6(4) of the EEA goes on to highlight that if there is a difference between the terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is based on one of the grounds listed in subsection 1, such shall amount to unfair discrimination.

A groundbreaking victory for contract miners, won from the soil
12 April 2019 Tax & Exchange Control

A groundbreaking victory for contract miners, won from the soil

The Income Tax Act No 52 of 1968 (ITA) provides a special regime for taxpayers engaged in mining operations. The reasoning behind this special treatment is that the establishment of a mine is an expensive and lengthy process, with long lead times until any profit is seen by the mining company.

Cliffe Dekker Hofmeyr recommended as a Top-Tier Firm by the Legal 500
12 April 2019

Cliffe Dekker Hofmeyr recommended as a Top-Tier Firm by the Legal 500

Cliffe Dekker Hofmeyr (CDH) is proud to once again receive international recognition from The Legal 500 EMEA. For the past three decades, The Legal 500 has used comprehensive independent researchers to assess the capabilities of law firms in over 150 jurisdictions worldwide. An annual independent review of over 300,000 in-house peers, coupled with access to law firm deals and confidential matters, is used to identify and rank the capabilities of professional legal services around the globe.

Indemnities and simulation in the context of preference share funding
10 April 2019 Corporate & Commercial

Indemnities and simulation in the context of preference share funding

Preference shares serve as a popular funding alternative to debt facilities, given the cost benefit they present to the company issuing the instrument. This arises from the fact that, certain exceptions aside, the holder of preference shares earns a return in the form of dividends, which is exempt from income tax, as opposed to interest, which is taxable. This tax benefit allows the holder of preference shares to charge a lower funding rate than would otherwise have been charged had the funding been advanced in the form of a debt facility.

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Court order outlines details of settlement between Sunette Bridges and the SAHRC
1 April 2015 Dispute Resolution

Court order outlines details of settlement between Sunette Bridges and the SAHRC

The South African Human Rights Commission (SAHRC) and Afrikaans singer Sunette Bridges have reached an agreement in their matter heard before the Equality Court of South Africa. The SAHRC, Western Cape, lodged a case at the Equality Court against Bridges during 2014 concerning the allegedly racist nature of the commentary on her Facebook page.

Deadline for complying with Temporary Employment Services stipulations is today
31 March 2015 Employment

Deadline for complying with Temporary Employment Services stipulations is today

31 March 2015 is the final date of the reprieve granted to employers to ensure that they comply with critical provisions relating to Temporary Employment Services (TES) contained in the Labour Relations Amendment Act (LRAA). Employees working for a TES (colloquially known as a labour broker) gain additional rights as from 1 April 2015.

The Power of Negotiation and Mediation
23 March 2015 Dispute Resolution

The Power of Negotiation and Mediation

The very nature of human beings is such that we can never be the same and we can never see life through the same lens. As a consequence, we will always see things differently and sometimes this leads to disputes.

Business Transfers and their effect on employees - a global guide evaluates South Africa's position
23 March 2015 Employment

Business Transfers and their effect on employees - a global guide evaluates South Africa's position

A report comparing labour legislation governing business transfers, in conjunction with 33 countries around the world, is the third comparative global guide of this nature to be released in South Africa. The DLA Piper Global Employment team put together the report entitled, A Global Employment Guide to Business Transfers, with Cliffe Dekker Hofmeyr contributing the South African chapter

Chambers Global Guide 2015 rankings released
16 March 2015 Competition

Chambers Global Guide 2015 rankings released

The Chambers Global Guide 2015 rankings have been released and Cliffe Dekker Hofmeyr has once again featured strongly in the South African rankings. Notably, the firm's Corporate/ M&A practice has moved from Band 2 into Band 1; and the Environmental practice has entered the rankings for the first time in Band 1. Band 1 rankings were also achieved for Capital Markets: Equity and the IT and Telecommunications practice. Banking and Finance, Capital Markets: Debt, Competition, Employment, Dispute Resolution, Projects and Energy and Tax received band 2 rankings. Overall, the firm was ranked in 13 practice areas, with 25 lawyers receiving rankings.

The Minister says slash UIF contributions
5 March 2015 Employment

The Minister says slash UIF contributions

The Minister of Finance, Nhlanhla Nene has proposed a temporary reduction in contributions by employers and employees to the Unemployment Insurance Fund (UIF), while keeping the benefits unchanged.

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Signing of  the tax legislation into law
16 May 2016 Tax & Exchange Control

Signing of the tax legislation into law

The Congress of South African Trade Unions (Cosatu) has criticised Jacob Zuma for signing the controversial tax legislation into law. Cosatu has threatened that this approach by government will complicate the campaign for upcoming local government elections. Interviewed is Cosatu National spokesperson, Mr Sizwe Pamla. Ruaan van Eeden, director in the Tax and Exchange Control practice, gives further perspective on this issue.

Tax Law Amendment Act
16 May 2016 Tax & Exchange Control

Tax Law Amendment Act

The ministry of finance says that the 2015 Tax Law Amendment Act provisions relating to retirement will come into force on 1 March 2016, however the annuitization requirement for provident fund will be postponed to the 1 March 2018 but some tax experts are concerned that the delays will hit consumers in the long term. Ruaan van Eeden, director in the Tax and Exchange Control practice explains the implications of this latest development.

Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.