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Does the failure to appoint an employee to a more senior alternative position in a restructure amount to an unfair labour practice in relation to promotion?
13 July 2020 Employment

Does the failure to appoint an employee to a more senior alternative position in a restructure amount to an unfair labour practice in relation to promotion?

In the Telkom SA Ltd V Commission for Conciliation, Mediation & Arbitration & Others (2019) 40 ILJ 1093 (LC), the Labour Court was called upon to determine two issues: (i) whether the CCMA had jurisdiction to adjudicate a dispute of an alleged unfair labour practice (ULP) where the alleged ULP arose in the context of a retrenchment which was the subject matter of pending litigation before the Labour Court and (ii) whether the company had committed an ULP when they failed to appoint the First Respondent to a more senior position in the new structure.

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Merger control and failing firms (Part 2)
9 July 2020 Competition

Merger control and failing firms (Part 2)

In a recent article (accessible here), we discussed an anticipated increase in reliance on the failing firm doctrine in the context of merger assessments. We surmised that the competition authorities were unlikely to relax the strict failing firm doctrine requirements solely to cater for COVID-19. This article continues the discussion by engaging more substantially with the doctrine’s requirements.

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An absolute or flexible restriction: Can prohibited practices be prosecuted three years after the practice ceased?
9 July 2020 Competition

An absolute or flexible restriction: Can prohibited practices be prosecuted three years after the practice ceased?

The Constitutional Court (Court) recently delivered a unanimous seminal judgement in Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited [2020] ZACC 14. The decision primarily engaged with whether section 67(1) of the Competition Act 89 of 1998 (as amended) (Act) constitutes a rigid prescription provision or a procedural time-bar which can be condoned in the event of non-compliance.

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Does the failure to appoint an employee to a more senior alternative position in a restructure amount to an unfair labour practice in relation to promotion?
13 July 2020 Employment

Does the failure to appoint an employee to a more senior alternative position in a restructure amount to an unfair labour practice in relation to promotion?

In the Telkom SA Ltd V Commission for Conciliation, Mediation & Arbitration & Others (2019) 40 ILJ 1093 (LC), the Labour Court was called upon to determine two issues: (i) whether the CCMA had jurisdiction to adjudicate a dispute of an alleged unfair labour practice (ULP) where the alleged ULP arose in the context of a retrenchment which was the subject matter of pending litigation before the Labour Court and (ii) whether the company had committed an ULP when they failed to appoint the First Respondent to a more senior position in the new structure.

Read more
Merger control and failing firms (Part 2)
9 July 2020 Competition

Merger control and failing firms (Part 2)

In a recent article (accessible here), we discussed an anticipated increase in reliance on the failing firm doctrine in the context of merger assessments. We surmised that the competition authorities were unlikely to relax the strict failing firm doctrine requirements solely to cater for COVID-19. This article continues the discussion by engaging more substantially with the doctrine’s requirements.

Read more
An absolute or flexible restriction: Can prohibited practices be prosecuted three years after the practice ceased?
9 July 2020 Competition

An absolute or flexible restriction: Can prohibited practices be prosecuted three years after the practice ceased?

The Constitutional Court (Court) recently delivered a unanimous seminal judgement in Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited [2020] ZACC 14. The decision primarily engaged with whether section 67(1) of the Competition Act 89 of 1998 (as amended) (Act) constitutes a rigid prescription provision or a procedural time-bar which can be condoned in the event of non-compliance.

Read more

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Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

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The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints
14 April 2020 Employment

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints

On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.

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5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Retrenchments during the national lockdown
21 May 2020 Employment

Retrenchments during the national lockdown

Bheki Nhlapho, Senior Associate in the Employment Practice joined Morning Live on SABC News to discuss retrenchments during the national lockdown. He explains the employees' rights and alternatives available to employers in order to avoid retrenchments.

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Banked leave burdening employers
29 June 2020 Employment

Banked leave burdening employers

Asma Cachalia, Associate in the Employment practice joined Channel Africa to discuss banked leave burdening employers. She explains the importance of changing leave policies and employers encouraging employees to take statutory leave during the lockdown.

Listen to podcast Duration 05:48 Minutes
Social media posts and defamation of character
23 June 2020 Employment

Social media posts and defamation of character

Tamsanqa Mila, Associate in the Employment Practice joined Rise FM to discuss the implications of what one posts and shares on social media and how this could lead to being sued for defamation of character.

Listen to podcast Duration 08:26 Minutes
COVID-19 health and safety regulations for employers
17 June 2020 Employment

COVID-19 health and safety regulations for employers

Gillian Lumb, Director in the Employment Practice joined Pippa Hudson on Cape Talk to discuss the COVID-19 health and safety regulations for employers. She clarifies the guidelines that are set out by government in relation to health and safety in the workplace.

Listen to podcast Duration 18:28 Minutes