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An employer’s guide to the “COVID-19” holiday season
2 December 2020 Employment Law

An employer’s guide to the “COVID-19” holiday season

The COVID-19 pandemic has created additional complexity for employer considerations during the festive season, particularly at the cusp of what seems to be the dreaded “second wave”. Many employees have exhausted their annual leave due to COVID-19 related company closures or in instances where their sick leave entitlement was exhausted. Are employees entitled to take unpaid leave for holiday purposes where their annual leave is exhausted? Does an employer have to pay an employee who is in quarantine after returning from a “hotspot” area over the festive season? The purpose of this guide is to assist you in navigating potential employee related challenges in the upcoming “COVID-19” holiday season and in the new way of work commencing in 2021.

CDH wins Single Deal Local Legal Advisor of the Year award for the OMPE & Footgear deal in the 9th annual Private Equity Africa awards
2 December 2020 Private Equity

CDH wins Single Deal Local Legal Advisor of the Year award for the OMPE & Footgear deal in the 9th annual Private Equity Africa awards

Private Equity Africa (PEA), a premier information source in the industry, highlights investors and advisors that excel above their peers. The PEA awards have grown to become a mark of distinction in African private equity, and a showcase for best-in-class strategy deal-making focusing on excellence, innovation and impact. The final winners were chosen by an independent panel of leading industry professionals.

“Business as usual” at the CIPC amidst ongoing COVID-19 pandemic
2 December 2020 Corporate & Commercial

“Business as usual” at the CIPC amidst ongoing COVID-19 pandemic

In its latest notice, the Companies and Intellectual Property Commission (CIPC) announced that, as of 1 December 2020, there will be a re-commencement of companies and close corporations’ regulatory compliance obligations and that the interim measures granted during the lockdown period would be discontinued.

The abuse of business rescue proceedings in the aftermath of the COVID-19 pandemic: A debtor’s paradise?
1 December 2020 Dispute Resolution

The abuse of business rescue proceedings in the aftermath of the COVID-19 pandemic: A debtor’s paradise?

Essentially, business rescue offers a rehabilitation process to companies in financial distress. At its best, business rescue creates a much-needed “win-win” solution for all the affected parties. At its worst, business rescue is used as a means to frustrate creditors from exercising their rights. Unfortunately, in the economic aftermath of the COVID-19 pandemic, more and more companies will resort to business rescue proceedings as a means to seek refuge from creditors even if the facts do not justify this. A typical example can be found in the recent judgment of Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd And Others [2020] ZAGPJHC 255 handed down by the Johannesburg High Court on 14 August 2020.

The return to work of vulnerable persons
30 November 2020 Employment Law

The return to work of vulnerable persons

On 10 November 2020, the Department of Health (DOH) issued an updated guideline in relation to the return to work of employees who are classified as “vulnerable persons” (Updated Guideline). Vulnerable persons are defined as those with co-morbidities and/or persons over the age of 60 years old who have an increased risk of severe COVID-19. The Updated Guideline was published pursuant to the Guideline Document on Vulnerable Persons published by the DOH on 25 May 2020, which encouraged persons who were categorised as “vulnerable persons” to remain working from home or, insofar as possible, to be accommodated in the workplace where they are required to return due to the nature of their role.

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An employer’s guide to the “COVID-19” holiday season
2 December 2020 Employment Law

An employer’s guide to the “COVID-19” holiday season

The COVID-19 pandemic has created additional complexity for employer considerations during the festive season, particularly at the cusp of what seems to be the dreaded “second wave”. Many employees have exhausted their annual leave due to COVID-19 related company closures or in instances where their sick leave entitlement was exhausted. Are employees entitled to take unpaid leave for holiday purposes where their annual leave is exhausted? Does an employer have to pay an employee who is in quarantine after returning from a “hotspot” area over the festive season? The purpose of this guide is to assist you in navigating potential employee related challenges in the upcoming “COVID-19” holiday season and in the new way of work commencing in 2021.

CDH wins Single Deal Local Legal Advisor of the Year award for the OMPE & Footgear deal in the 9th annual Private Equity Africa awards
2 December 2020 Private Equity

CDH wins Single Deal Local Legal Advisor of the Year award for the OMPE & Footgear deal in the 9th annual Private Equity Africa awards

Private Equity Africa (PEA), a premier information source in the industry, highlights investors and advisors that excel above their peers. The PEA awards have grown to become a mark of distinction in African private equity, and a showcase for best-in-class strategy deal-making focusing on excellence, innovation and impact. The final winners were chosen by an independent panel of leading industry professionals.

“Business as usual” at the CIPC amidst ongoing COVID-19 pandemic
2 December 2020 Corporate & Commercial

“Business as usual” at the CIPC amidst ongoing COVID-19 pandemic

In its latest notice, the Companies and Intellectual Property Commission (CIPC) announced that, as of 1 December 2020, there will be a re-commencement of companies and close corporations’ regulatory compliance obligations and that the interim measures granted during the lockdown period would be discontinued.

The abuse of business rescue proceedings in the aftermath of the COVID-19 pandemic: A debtor’s paradise?
1 December 2020 Dispute Resolution

The abuse of business rescue proceedings in the aftermath of the COVID-19 pandemic: A debtor’s paradise?

Essentially, business rescue offers a rehabilitation process to companies in financial distress. At its best, business rescue creates a much-needed “win-win” solution for all the affected parties. At its worst, business rescue is used as a means to frustrate creditors from exercising their rights. Unfortunately, in the economic aftermath of the COVID-19 pandemic, more and more companies will resort to business rescue proceedings as a means to seek refuge from creditors even if the facts do not justify this. A typical example can be found in the recent judgment of Standard Bank of South Africa Limited v C and E Engineering (Pty) Ltd And Others [2020] ZAGPJHC 255 handed down by the Johannesburg High Court on 14 August 2020.

The return to work of vulnerable persons
30 November 2020 Employment Law

The return to work of vulnerable persons

On 10 November 2020, the Department of Health (DOH) issued an updated guideline in relation to the return to work of employees who are classified as “vulnerable persons” (Updated Guideline). Vulnerable persons are defined as those with co-morbidities and/or persons over the age of 60 years old who have an increased risk of severe COVID-19. The Updated Guideline was published pursuant to the Guideline Document on Vulnerable Persons published by the DOH on 25 May 2020, which encouraged persons who were categorised as “vulnerable persons” to remain working from home or, insofar as possible, to be accommodated in the workplace where they are required to return due to the nature of their role.

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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.

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 Law

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.

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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Mid-term Budget Speech
30 October 2020 Tax & Exchange Control

Mid-term Budget Speech

Louis Botha Tax & Exchange Control Senior Associate, took part in a panel discussion on CNBC's Closing Bell to unpack some highlights from Finance Minister Tito Mboweni's mid-term budget speech on 28 October 2020.

Working from home and drinking on the job
23 October 2020 Employment Law

Working from home and drinking on the job

Bongani Masuku, Director in the Employment Law practice joined eNCA to discuss the implications of drinking on the job whilst working from home. He explains the obligations of employers and employees responsibilities arising from the continued applicability of the Occupational Health and Safety Act; the provisions of the LRA and Contracts of Employment during the National Lockdown

Working from home and consuming alcohol or drugs
19 October 2020 Employment Law

Working from home and consuming alcohol or drugs

Employment Law Director Phetheni Nkuna joined SABC's Morning Live to discuss the legalities around the consumption of and intoxication from alcohol, drugs and dagga while working remotely during the COVID-19 pandemic.

COSATU Nationwide Strike
7 October 2020 Employment Law

COSATU Nationwide Strike

Hugo Pienaar, Director in the Employment Law practice joined CNBC Africa to discuss the federation union's strike on 7 October 2020. He unpacks the legislative framework and the impact of the strike.

Cannabis for Private Purposes Bill
2 October 2020 Dispute Resolution

Cannabis for Private Purposes Bill

Andrew MacPherson, Senior Associate in the Dispute Resolution practice featured in a panel interview on Business Day TV. He discusses the Cannabis for Private Purposes Bill and the recent landmark court judgment regarding the private consumption and cultivation of cannabis.

How well do women fare in the South African labour market
14 August 2020 Employment Law

How well do women fare in the South African labour market

Employment Director Fiona Leppan joined Newzroom Afrika to take a look at whether South African employers are being sufficiently receptive to the additional burden of family responsibility that has been introduced to women working at home during lockdown.

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Drinking while working from home
30 November 2020 Employment Law

Drinking while working from home

Bongani Masuku, Director in the Employment Law practice joined Rise FM to discuss drinking whilst you are working from home during the new normal.

Employment state of play
30 November 2020 Employment Law

Employment state of play

Employment Director Imraan Mahomed joined Bruce Whitfield on The Money Show on Talk Radio 702 to discuss the complexities of Treasury’s decision and commitment to cut the public service wage bill. The matter is before the Labour Appeal Court on 2 December 2020

Disabilities in the workplace and POPIA
23 November 2020 Employment Law

Disabilities in the workplace and POPIA

Unfair discrimination against persons with disabilities is prohibited both in terms of the Constitution as well as the Employment Equity Act. The purpose of the Employment Equity Act is to promote equity and diversity in the workplace.

Working remotely and drinking on the job
10 November 2020 Employment Law

Working remotely and drinking on the job

Employment Law Director Gillian Lumb joined Lunch with Pippa Hudson on Cape Talk to discuss remote working during the lockdown including the legalities around the consumption of alcohol while working from home.

Key aspects from the mid-term budget policy speech
6 November 2020 Tax & Exchange Control

Key aspects from the mid-term budget policy speech

Louis Botha, Senior Associate in the Tax & Exchange Control practice joined Benito Vergotine on Smile FM to discuss key aspects from the mid-term budget policy speech (MTBPS), that took place on 28 October 2020.