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Can an employer take disciplinary action for misconduct during the festive season?
3 December 2019 Employment

Can an employer take disciplinary action for misconduct during the festive season?

Something about the festive season creates a ‘buzz’ of excitement. More often than not, it is this ‘buzz’ which makes the festive season that much more memorable. Unfortunately, this can sometimes lead to reckless decisions by employees, which may influence whether they successfully return to work in January. This article deals with employees’ conduct during the festive season that an employer may take disciplinary steps over.

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?
3 December 2019 Employment

Can employees directly approach the Labour Court for an unlawful deduction claim under section 34 of the BCEA?

This question concerns the jurisdiction of the Labour Court to determine disputes arising from section 34 of the Basic Conditions of Employment Act (BCEA). It also raises questions regarding the approach when interpreting section 77 of the BCEA in respect of the Labour Court’s jurisdiction. The Constitutional Court recently dealt with this issue in Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another [2019] ZACC 45.

External companies and the obligation to provide the BEE Commission with the report contemplated in section 13G(2) of the BEE Act
27 November 2019 Corporate & Commercial

External companies and the obligation to provide the BEE Commission with the report contemplated in section 13G(2) of the BEE Act

In terms of section 13G(2) of the Broad-Based Black Economic Empowerment Act 53 of 2003 (BEE Act), all public companies listed on the JSE must provide the Broad-Based Black Economic Empowerment (BEE) Commission with a report on their compliance with BEE (BEE Report). Paragraph 16.21(g) of the JSE Listings Requirements (Listings Requirements) provides that the JSE must be advised of the publication of the annual BEE Report unless an exemption can be provided to the JSE.

Bosasa – liquidation lessons learned
27 November 2019 Dispute Resolution

Bosasa – liquidation lessons learned

The sensational revelations that were made during the Zondo Commission of Enquiry into Allegations of State Capture, by, inter alia, the former COO of Bosasa, namely Angelo Agrizzi, shocked the entire country. (Bosasa is now known as the African Global Group (Group), the holding company of which is African Global Holdings (Pty) Ltd (Holdings)).

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No lost deed goes unpunished
11 November 2019 Real Estate

No lost deed goes unpunished

The Department of Rural Development and Land Reform has published further amendments to Regulation 68 of the Regulations to the Deeds Registries Act 47 of 1937, subsequent to the previous amendments published on 25 January 2019

Is the BCEA now trending in dismissal disputes?
11 November 2019 Employment

Is the BCEA now trending in dismissal disputes?

The recent judgment handed down by the Labour Appeal Court (LAC) in Pilanesburg Platinum Mines v Lisebo Lerato Pearl Ramabulana concerned an appeal against a decision of the Labour Court in which it was found that the employer had breached the employee’s contract of employment by failing to comply with the provisions relating to termination. The employee (applicant) brought an application to the Labour Court in terms of section 77 of the Basic Conditions of Employment Act, No 75 of 1997 (BCEA) in terms of which the applicant sought inter alia a declaration that the termination of her employment was unlawful and that the respondent had failed to comply with provisions of the contract of employment.

Out-of-court settlements and VAT…don’t settle for less
7 November 2019 Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs high. On some level, an out-of-court settlement should represent a win for both parties. However, where the parties are VAT vendors, it is often the party receiving the settlement payment that is left with a slightly bitter taste in its mouth if VAT was not taken into consideration when agreeing on the settlement amount payable.

Are sureties still liable for a debt if the original causa is based on an invalid contract?
6 November 2019 Dispute Resolution

Are sureties still liable for a debt if the original causa is based on an invalid contract?

The Constitutional Court dealt with this question in Shabangu v Land and Agricultural Development Bank of South Africa & Others [2019] ZACC 42. The applicant and others stood as sureties for a loan agreement entered into between the Land and Agricultural Development Bank of South Africa (Land Bank) and Westside Trading 570 (Pty) Ltd (Westside) for the development of urban property.

The Big Catch: They’ve resigned. Can they compete with my company?
6 November 2019 Corporate & Commercial

The Big Catch: They’ve resigned. Can they compete with my company?

So they’ve resigned – now what? Can the fiduciary duties as a director of a company extend post-resignation, and if so, to what extent? Are they prohibited from then re-entering the industry as a competitor of your company? This article looks to address these common concerns that companies often have in respect of departing directors.

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Increase in unprotected strikes is cause for concern
14 August 2014 Employment

Increase in unprotected strikes is cause for concern

The Department of Labour released the latest edition of its Annual Industrial Action Report on 11 August 2014. This report (covering 2013) makes for compelling reading says Johan Botes, Director in the Employment practice at Cliffe Dekker Hofmeyr.

Interest arbitration as a way to resolve a strike: The magic cure?
13 August 2014 Employment

Interest arbitration as a way to resolve a strike: The magic cure?

Our Constitution guarantees workers' right to strike – a right further entrenched in the Labour Relations Act (LRA), which also permits employers the right to lock workers out of the workplace pending resolution of such disputes. But lengthy, and often violent or destructive, strikes have called into question the value of strike action as the prime method of resolving disputes about wages or other matters of mutual interest between employers and employees (sometimes referred to as interest disputes).

Cliffe Dekker Hofmeyr offers a comprehensive guide on labour legislation changes to all South African businesses
11 August 2014 Employment

Cliffe Dekker Hofmeyr offers a comprehensive guide on labour legislation changes to all South African businesses

South Africa's labour legislation is progressive, and continues to rapidly evolve. This is according to Aadil Patel Director and National Head of the Employment practice at Cliffe Dekker Hofmeyr, who notes that with this progression comes change; most notably to the labour legislation environment, and businesses now need comprehensive guidance on all the various changes and how they will affect their operations.

Merger regulation under the Competition Act - Control determines size
7 August 2014 Competition

Merger regulation under the Competition Act - Control determines size

In the matter between Tiger Equity (Proprietary) Limited ("Tiger Equity"), Murray & Roberts (Proprietary) Limited ("M&R") and the Competition Commission ("Commission"), Tiger Equity and M&R applied to the Competition Tribunal ("Tribunal") to set aside a decision of the Commission to classify the merger between them as a large merger. The parties contended that the merger was, in fact, a small merger.

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Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.