Our team represented a leading US-based global professional services network
Our team represented a leading US-based global professional services network
We represented a leading US-based global professional services network in a cluster of related actions where so-called investors, who had invested their monies in a Ponzi scheme, sought an indemnity from our client should they not recover their money from the fraudster's estate.
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On 14 April 2025, the Minister of Mineral and Petroleum Resources, Mr Gwede Mantashe, published the draft Regulations for public comment in GN.6123 GG.52507.
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30 Oct 2024
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by David Pinnock and Sasha Schermers
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The recent Supreme Court of Appeal (SCA) judgment in Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another (Case No 613/2017) ZASCA 29 (26 March 2024) is intricate, extensive and factually dense. The judgment of Wallis AJA does an admirable job of pulling together the morass of detail into a readable story, however, we have chosen to focus on one aspect that we often see in practice: when a once happy relationship between shareholders goes awry, how can the unhappy union be ended?
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Section 198D of the Labour Relations Act 66 of 1995 (LRA) contains general provisions applicable to sections 198A to 198C, and vests the Commission for Conciliation, Mediation and Arbitration (CCMA) or bargaining council with the power to conciliate and arbitrate any dispute related to the interpretation or application of these subsections. This includes disputes related to the status of the employment relationship between a temporary employee and the client of a temporary employment service (TES). Once the CCMA determines that the employee is deemed an employee of the client in terms of section 198A(3)(b), is the scope of section 198D wide enough to empower the CCMA to grant substantive relief? What about those who are no longer “ employed ” at the time of lodging a dispute?
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