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Is the failure to lead oral arguments a reviewable irregularity?
1 June 2015 Employment

Is the failure to lead oral arguments a reviewable irregularity?

In the recent decision of The South African Social Security Agency v NEHAWU and others (reportable case number C233/14 delivered on 30 April 2015), the Cape Town Labour Court had to decide whether an arbitration award, in which the commissioner based her finding purely on documentary evidence in the absence of a stated case, was reviewable in terms of s145 of the Labour Relations Act, No 66 of 1995 (LRA).

When can a party be held liable as a co-employer?
1 June 2015 Employment

When can a party be held liable as a co-employer?

There has been much speculation over the recent amendments to the Labour Relations Act, No 66 of 1995 (LRA), particularly with regards to how the amendments will be interpreted and applied by the Labour Court. The unreported case of AMCU v Buffalo Coal Dundee (Pty) Limited (J593/15) [2015] ZALCJHB 134 (24 April 2015) sheds some light on the newly inserted s200B of the LRA.

Court addresses the deductibility of research and development tax incentives
29 May 2015 Tax & Exchange Control

Court addresses the deductibility of research and development tax incentives

In an attempt to encourage research and development in South Africa, s11D of the Income Tax Act, No 58 of 1962 (Act) was introduced to provide a research and development tax incentive which seeks to encourage and incentivise private sector investment in the research and development of scientific or technological activities. This particular tax incentive ensures that research and development activities are conducted within South Africa with the ultimate goal of indirectly stimulating the economy.

Playing with fire: Specific performance and a lessee's plight
27 May 2015 Real Estate

Playing with fire: Specific performance and a lessee's plight

In the case of Hennox 349 CC v SA Retail Properties Ltd 2014 JDR 2460 (GJ), the lessee learnt a R2 million lesson. After hounding its lessor to restore the premises following a fire, the lessee eventually took the matter into its own hands, repairing the property. The lessor claimed not to be liable for the improvements and the lessee's hopes of retribution turned on whether the Court would accept the importation of a tacit term into the lease agreement.

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Pro Bono and Human Rights Alert
28 November 2013 Pro Bono & Human Rights

Pro Bono and Human Rights Alert

During the past financial year, the firm donated more than R 8 million in pro bono legal services to individuals and worthy causes. The firm has further donated in excess of R8.5 million in pro bono legal services from the period January to October 2013. In addition CDH submitted its first United Nations Global Compact Communication on Progress during June 2013, which is available online.

Data Protection and Privacy Alert
27 November 2013 Technology, Media & Telecommunications

Data Protection and Privacy Alert

The Protection of Personal Information Act, No 4 of 2013 (Act) was promulgated into law on 26 November 2013. The Act's promulgation marks a significant move by the Legislature to provide for legislative requirements and mechanisms for data protection and privacy in South Africa.

Employment Alert
25 November 2013 Employment

Employment Alert

In Transnet SOC Limited v National Transport Movement Union (as yet unreported J2301/13, 21 October 2013) the Labour Court considered the question of whether a collective agreement concluded between an employer and third party unions may limit the right to strike by a non-party union.

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A name is worth a thousand suits
1 February 2008 Dispute Resolution

A name is worth a thousand suits

The Supreme Court of Appeal recently handed down a decision confirming that a name can be protected against any unauthorised use or publication.

An agent's right to commission
2 January 2008 Dispute Resolution

An agent's right to commission

An agent will have a claim for commission on a sale agreement if he introduced the parties to one another, thereby being the effective cause of the sale.

Beware the bogeyman
6 November 2004 Black Economic Empowerment (BEE)

Beware the bogeyman

The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the...

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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.