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Dispute Resolution Matters
21 August 2013 Dispute Resolution

Dispute Resolution Matters

A party asking a court for relief can't ask for mutually exclusive remedies. This seems to be self evident but is important where a party to a contract has been induced to do the deal by a fraudulent misrepresentation of the other party. Again at the risk of stating the obvious, there could not have been any actual agreement between the parties if one party was mistaken as to the facts as a result of a misrepresentation. Consequently, there was no contract from the beginning.

Employment Alert
19 August 2013 Employment

Employment Alert

In the decision of Western Cape Education Department and General Public Service Sectoral Bargaining Council (C 360/2012) [2013] ZALCCT 5 (18 March 2013) the Labour Court was asked to consider whether an order for reinstatement was incompatible with a finding of constructive dismissal.

Tax Alert
16 August 2013 Tax & Exchange Control

Tax Alert

High Net Worth Individuals (HNWI's) and trusts have been on the South African Revenue Service's (SARS's) radar for some time.

Employment Alert
12 August 2013 Employment

Employment Alert

The North Gauteng High Court will today hear argument on whether s32 of the Labour Relations Act, No 66 of 1995 is unconstitutional. This section empowers the Minister of Labour to extend agreements concluded in a Bargaining Council to non-parties.

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The Way to BEE
1 July 2007 Black Economic Empowerment (BEE)

The Way to BEE

Cliffe Dekker Hofmeyr has compiled this guide to broad-based black economic empowerment (BEE)...

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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.