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Automatically unfair dismissal? Filing of a grievance does not amount to taking action against employer
3 August 2020 Employment

Automatically unfair dismissal? Filing of a grievance does not amount to taking action against employer

Section 187(1)(d) of the Labour Relations Act 66 of 1995 (LRA) regards it an unfair dismissal if an employer dismisses an employee on the basis that the employer is taking or intending to take action against the employer. But if there is no evidence that the employee was dismissed for taking or intending to take action against the employer, as in this case, the unfair dismissal will not fall into the category of automatically unfair dismissal.

Policing the Fourth Industrial Revolution from an employer’s perspective
3 August 2020 Employment

Policing the Fourth Industrial Revolution from an employer’s perspective

According to Klaus Schwab, “The Fourth Industrial Revolution is not a prediction of the future but a call to action.” How right he has proved to be with the ‘new normal’ imposed on us by the COVID-19 pandemic. Employers are finding themselves forced to consider the need to introduce flexible work options and rethink how they manage, monitor, and interact with their employees.

Cross-border coordination: Clamping down on cartel conduct
30 July 2020 Competition

Cross-border coordination: Clamping down on cartel conduct

The International Competition Network (ICN), of which the South African Competition Commission and Competition Tribunal are members, has recently published guidelines on Enhancing Cross-Border Leniency Cooperation (Guidelines) which are “intended to provide practical advice for competition agencies to assist them in engaging with other jurisdictions on matters involving multi-jurisdictional leniency applicants”.

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Automatically unfair dismissal? Filing of a grievance does not amount to taking action against employer
3 August 2020 Employment

Automatically unfair dismissal? Filing of a grievance does not amount to taking action against employer

Section 187(1)(d) of the Labour Relations Act 66 of 1995 (LRA) regards it an unfair dismissal if an employer dismisses an employee on the basis that the employer is taking or intending to take action against the employer. But if there is no evidence that the employee was dismissed for taking or intending to take action against the employer, as in this case, the unfair dismissal will not fall into the category of automatically unfair dismissal.

Policing the Fourth Industrial Revolution from an employer’s perspective
3 August 2020 Employment

Policing the Fourth Industrial Revolution from an employer’s perspective

According to Klaus Schwab, “The Fourth Industrial Revolution is not a prediction of the future but a call to action.” How right he has proved to be with the ‘new normal’ imposed on us by the COVID-19 pandemic. Employers are finding themselves forced to consider the need to introduce flexible work options and rethink how they manage, monitor, and interact with their employees.

Cross-border coordination: Clamping down on cartel conduct
30 July 2020 Competition

Cross-border coordination: Clamping down on cartel conduct

The International Competition Network (ICN), of which the South African Competition Commission and Competition Tribunal are members, has recently published guidelines on Enhancing Cross-Border Leniency Cooperation (Guidelines) which are “intended to provide practical advice for competition agencies to assist them in engaging with other jurisdictions on matters involving multi-jurisdictional leniency applicants”.

The devil’s in the detail: CIPC issues a notice regarding individualised disclosure requirements in respect of director remuneration and benefits
29 July 2020 Corporate & Commercial

The devil’s in the detail: CIPC issues a notice regarding individualised disclosure requirements in respect of director remuneration and benefits

On 21 July 2020, the Companies and Intellectual Property Commission (CIPC) issued a notice stating that it is mandatory for annual financial statements to include a disclosure of not only the remuneration of directors and prescribed officers, but also a disclosure of all other benefits paid, payable or receivable as per sections 30 (4),(5) and (6) of the Companies Act 71 of 2008 (Act).

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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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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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The loss of jobs to foreign nationals
22 July 2020 Employment

The loss of jobs to foreign nationals

Sean Jamieson, Senior Associate in the Employment practice joined The Talking Point with Cathy Mohlahlana on SA FM. He discussed the loss of jobs to foreign nationals, recent unrest in the road freight industry and the balancing act with introducing regulations to ensure that there is equitable distribution of jobs.

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.

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.