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Bound to pay twice or what – Are minority trade union members obliged to pay agency shop agreement fees in addition to subscription fees?
21 September 2020 Employment

Bound to pay twice or what – Are minority trade union members obliged to pay agency shop agreement fees in addition to subscription fees?

It is common cause that the collective bargaining process requires time, effort and money from the majority union in order to strike good deals with the employer. However, the benefits of the deals secured through the efforts of the majority trade union are enjoyed by all employees including members of minority union and non-unionised employees.

Lockdown Level-1: Good news for international travellers – South Africa will reopen its international borders soon
21 September 2020 Employment

Lockdown Level-1: Good news for international travellers – South Africa will reopen its international borders soon

In the national address, on Wednesday 16 September 2020, President Cyril Ramaphosa announced that South Africa will reopen its international borders during level 1. Restrictions on international travel for business and leisure and other travel will be gradually eased from 1 October 2020. However, a list of permitted countries will be published based on the latest scientific data.

Everything is down, even the prescribed interest rate
21 September 2020 Employment

Everything is down, even the prescribed interest rate

According to the Prescribed Rate of Interest Act 55 of 1975, the prescribed rate of interest is calculated by adding 3.5% to the repurchase rate. Therefore, in order to calculate the prescribed rate of interest, one relies on the repurchase rate, which changes from time to time, subject to announcements by the South African Reserve Bank (SARB).

POPI and the Employment Life Cycle: The CDH POPI Guide
21 September 2020 Employment

POPI and the Employment Life Cycle: The CDH POPI Guide

The Protection of Personal Information Act 4 of 2013 (POPI) came into force on 1 July 2020, save for a few provisions related to the amendment of laws and the functions of the Human Rights Commission. POPI places several obligations on employers in the management of personal and special personal information collected from employees, in an endeavour to balance the right of employers to conduct business with the rights of employees to privacy.

PAIA red tape removed: Copies of mining right applications now accessible by interested and affected parties upon request to a Regional Manager
21 September 2020 Mining & Minerals

PAIA red tape removed: Copies of mining right applications now accessible by interested and affected parties upon request to a Regional Manager

On 11 September 2020, the High Court, Pretoria (court) handed down a judgment clarifying the rights that interested and affected parties (I&APs) as contemplated in the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA) have to request and be provided with copies of mining right applications in terms of sections 10(1) and 22(4) of the MPRDA.

Proposed Namibian Competition Bill set to introduce sweeping amendments
18 September 2020 Competition

Proposed Namibian Competition Bill set to introduce sweeping amendments

The Namibian Competition Commission (Commission) recently issued a request for written submissions on the Namibian Competition Draft Bill (Bill) (accessible here). The Bill seeks to repeal the existing Competition Act 2 of 2003 (Current Act) in its entirety and introduces a number of important amendments to competition law in Namibia. The Bill also includes a reconfiguration of the competition authority’s structure and powers.

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Bound to pay twice or what – Are minority trade union members obliged to pay agency shop agreement fees in addition to subscription fees?
21 September 2020 Employment

Bound to pay twice or what – Are minority trade union members obliged to pay agency shop agreement fees in addition to subscription fees?

It is common cause that the collective bargaining process requires time, effort and money from the majority union in order to strike good deals with the employer. However, the benefits of the deals secured through the efforts of the majority trade union are enjoyed by all employees including members of minority union and non-unionised employees.

Lockdown Level-1: Good news for international travellers – South Africa will reopen its international borders soon
21 September 2020 Employment

Lockdown Level-1: Good news for international travellers – South Africa will reopen its international borders soon

In the national address, on Wednesday 16 September 2020, President Cyril Ramaphosa announced that South Africa will reopen its international borders during level 1. Restrictions on international travel for business and leisure and other travel will be gradually eased from 1 October 2020. However, a list of permitted countries will be published based on the latest scientific data.

Everything is down, even the prescribed interest rate
21 September 2020 Employment

Everything is down, even the prescribed interest rate

According to the Prescribed Rate of Interest Act 55 of 1975, the prescribed rate of interest is calculated by adding 3.5% to the repurchase rate. Therefore, in order to calculate the prescribed rate of interest, one relies on the repurchase rate, which changes from time to time, subject to announcements by the South African Reserve Bank (SARB).

POPI and the Employment Life Cycle: The CDH POPI Guide
21 September 2020 Employment

POPI and the Employment Life Cycle: The CDH POPI Guide

The Protection of Personal Information Act 4 of 2013 (POPI) came into force on 1 July 2020, save for a few provisions related to the amendment of laws and the functions of the Human Rights Commission. POPI places several obligations on employers in the management of personal and special personal information collected from employees, in an endeavour to balance the right of employers to conduct business with the rights of employees to privacy.

PAIA red tape removed: Copies of mining right applications now accessible by interested and affected parties upon request to a Regional Manager
21 September 2020 Mining & Minerals

PAIA red tape removed: Copies of mining right applications now accessible by interested and affected parties upon request to a Regional Manager

On 11 September 2020, the High Court, Pretoria (court) handed down a judgment clarifying the rights that interested and affected parties (I&APs) as contemplated in the Mineral and Petroleum Resources Development Act 28 of 2002 (the MPRDA) have to request and be provided with copies of mining right applications in terms of sections 10(1) and 22(4) of the MPRDA.

Proposed Namibian Competition Bill set to introduce sweeping amendments
18 September 2020 Competition

Proposed Namibian Competition Bill set to introduce sweeping amendments

The Namibian Competition Commission (Commission) recently issued a request for written submissions on the Namibian Competition Draft Bill (Bill) (accessible here). The Bill seeks to repeal the existing Competition Act 2 of 2003 (Current Act) in its entirety and introduces a number of important amendments to competition law in Namibia. The Bill also includes a reconfiguration of the competition authority’s structure and powers.

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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

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

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.

Retrenchments during COVID19
20 July 2020 Employment

Retrenchments during COVID19

Employment Director Thabang Rapuleng joined Newzroom Afrika to discuss measures employees and employers can take in their risk assessing methods amidst an impending retrenchment season, as business battle the economic pressures of COVID-19.

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Cannabis for Private Purposes Bill
11 September 2020 Dispute Resolution

Cannabis for Private Purposes Bill

The introduction of the Cannabis for Private Purposes Bill made its debut into the public sphere and was tabled in Parliament on 4 September 2020. However, the Bill in its current form is incredibly narrow in its scope and notably fails to address any commercial aspects and opportunities of cannabis. Dispute Resolution Senior Associate Andrew MacPherson joins Channel Africa to discuss this.

Mental health in the workplace
9 September 2020

Mental health in the workplace

Employment Associate Asma Cachalia joined The Morning Show on Good Hope FM to discuss the psychological impact COVID-19 is having on women's mental health and mental wellness in the workplace.

Flux trend report on female job losses
7 September 2020 Employment

Flux trend report on female job losses

Fiona Leppan, Director in the Employment practice joined Kaya FM to discuss the Flux Trend report. She explains why women are vulnerable when it comes to retrenchments.

Becoming a successful female business rescue attorney
3 September 2020 Dispute Resolution

Becoming a successful female business rescue attorney

Dispute Resolution Senior Associate Kylene Weyers joins The Honest Truth with Benito Vergotine on Smile FM to share her story on becoming a successful female business rescue attorney in what is commonly perceived as a male-dominated area of law and what it takes to succeed in the profession.

Tasima and the Road Traffic Management Corporation judgment
25 August 2020 Employment

Tasima and the Road Traffic Management Corporation judgment

Tamsanqa Mila, Associate in our Employment practice joined SA FM to unpack the implications of the Tasima and the Road Traffic Management Corporation (RTMC) judgment that was handed down by the Constitutional Court. He discussed the material facts of the case, the important decisions and conclusions that can be drawn from the case.