Cliffe Dekker Hofmeyr

25 May 2020 Employment

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike

The collective bargaining landscape is defined by the membership numbers that trade unions have within a particular workplace. Item 6(2) of the Schedule 8 of the Labour Relations Act (LRA) requires an employer to contact a trade union official prior to dismissing employees involved in an industrial action. Item 6(2) does not specify whether the employer’s duty to contact a trade union official applies to all trade unions in the workplace, recognised trade unions or only the majority or sufficiently representative trade unions.

22 May 2020 Employment

Access to the CCMA during the current COVID-19 lockdown

Employment Associate Asma Cachalia joined the Kaya FM Breakfast show to discuss access to the CCMA during the current COVID-19 lockdown.

Listen to podcast Duration 07:31 Minutes

22 May 2020 Pro Bono & Human Rights

Directives governing the use of public transport under lockdown level 4

In partnership with ProBono.org, CDH's Pro Bono & Human Rights Practice will be rolling out a series of short, informative COVID-19 related videos aimed at vulnerable communities across the country.

21 May 2020 Tax & Exchange Control

A series of unfortunate events – the level of professional conduct required of officers of the court

There are prescribed rules of conduct that attorneys and advocates must adhere to both when appearing in court and when dealing with litigious processes in general. Where these rules are disregarded or broken, the transgressors may face serious consequences.

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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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.

25 May 2020 Employment

Stay in your lane: Lessons on the duty to contact trade unions before dismissing employees involved in a strike

22 May 2020 Pro Bono & Human Rights

Directives governing the use of public transport under lockdown level 4

In partnership with ProBono.org, CDH's Pro Bono & Human Rights Practice will be rolling out a series of short, informative COVID-19 related videos aimed at vulnerable communities across the country.

21 May 2020 Tax & Exchange Control

A series of unfortunate events – the level of professional conduct required of officers of the court

20 May 2020 Dispute Resolution

The synergy between the Promotion of Administrative Justice Act, 2000 and section 38 of the Constitution in Reviews conferring legal standing

The Promotion of Administrative Justice Act, 2000 (PAJA) was enacted to amongst others confer the right to review a decision taken in the exercise of public power or the performance of a public function that “adversely affects the rights of any person and which has a direct, external legal effect”.

20 May 2020 Dispute Resolution

Public Procurement Bill, 2020: Proper change or a damp firework?

Contracting with an organ of state is not easy. Firstly, because the Constitution requires an organ of state to contract for goods or services in a way that is fair, equitable, transparent, competitive and cost-effective. To achieve those exacting requirements the state must maintain a procurement system of interrelated statutes, regulations and directives. But secondly, the system has developed over time with some of the rules governing state procurement pre-dating the constitutional dispensation. The State Tender Board Act, 1968 and National Supplies Procurement Act, 1970 are notable examples. That development over time has introduced a level of unnecessary complexity.

20 May 2020 Dispute Resolution

Necessary and essential may well be two different things…

Fans of the sitcom The Big Bang Theory will remember Sheldon Cooper’s three-legged “like a milking stool” opening statement in which he schooled the judge who occupies “the kiddie table” of his profession on the principle of quod est neccessarium est licitum. As he eloquently explained, the principle entails the sentiment that, that which is necessary is by definition, automatically lawful.

20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

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.

20 March 2019 Insurance Law

Insuralex chooses Cliffe Dekker Hofmeyr (CDH) as its exclusive member in South Africa

Cliffe Dekker Hofmeyr (CDH), a top ranked law firm and a provider of legal services in the area of insurance law and related litigation, announced today that it has become the exclusive member firm in South Africa for Insuralex Global Insurance Lawyers Group, the world’s leading insurance and reinsurance law firm network.

16 November 2018 Dispute Resolution

ICLG: The International Comparative Legal Guide to: Class and Group Actions 2019

Pieter Conradie and Anja Hofmeyr have made written contribution to the ICLG: The International Comparative Legal Guide to: Class and Group Actions 2019

1 November 2018 Finance & Banking

The ‘Fatal Flaw’ in South Africa’s Financial Regulation

Director Bridget King authored the article "The ‘Fatal Flaw’ in South Africa’s Financial Regulation" in the latest SA Treasurer Journal.

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.

21 May 2020 Employment

Retrenchments during the national lockdown

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5 May 2020 Business Rescue, Restructuring & Insolvency

WEBINAR | Navigating Business Rescue, Restructuring & Insolvency during COVID-19 | Part 2

Topics discussed included the impact of COVID-19 on South African economy, Directors’ liability when trading in financially distressed or insolvent circumstances, current legislative amendments and regulations that have been put in place in South Africa (including the impact on general court proceedings) and case law update.

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29 April 2020 Dispute Resolution

WEBINAR | Virtual Dispute Resolution

Virtual Dispute Resolution: The use of technology in the resolution of international or domestic disputes during COVID-19.

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24 April 2020 Dispute Resolution

WEBINAR | Protecting your business during COVID-19

Our panel of experts hosted a webinar where they unpacked relief available to businesses negatively affected by covid-19 as well as protection of personal information and cybersecurity during covid-19.

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24 April 2020 Dispute Resolution

WEBINAR | Navigating Business Rescue, Restructuring & Insolvency during COVID-19

Our Business Rescue, Restructuring & Insolvency team hosted an insightful webinar which discussed essential points to be considered by businesses in financial distress, together with when Business Rescue and Liquidation is the most appropriate mechanism.

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21 April 2020 Pro Bono & Human Rights

The challenges posed to asylum seekers during the COVID-19 lockdown

Pro Bono and Human Rights Director Jacquie Cassette recently joined Newzroom Afrika to unpack the challenges posed to asylum seekers during the COVID-19 lockdown.

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22 May 2020 Employment

Access to the CCMA during the current COVID-19 lockdown

Employment Associate Asma Cachalia joined the Kaya FM Breakfast show to discuss access to the CCMA during the current COVID-19 lockdown.

Listen to podcast Duration 07:31 Minutes

6 May 2020 Employment

Returning to work in Level 4 of the lockdown

Tamsanqa Mila, Associate in our Employment practice joined Kaya FM to discuss the slow reopening of the South African economy during COVID-19. He discusses the return to work in Level 4 of the lockdown.

Listen to podcast Duration 12:35 Minutes

20 April 2020 Pro Bono & Human Rights

Asylum seekers rights during lockdown in South Africa

Tricia Erasmus, Senior Associate in the Pro Bono and Human Rights practice joined Benito Vergotine on Smile FM to talk about asylum seekers rights during lockdown in South Africa.

Listen to podcast Duration 08:03 Minutes

9 April 2020 Employment

COVID-19 TERS

Employment Director Jose Jorge joins The Honest Truth with Benito Vergotine to unpack COVID-19 Temporary Employee / Employer Relief Scheme (TERS) and what it means for companies and employees.

Listen to podcast Duration 08:41 Minutes

30 March 2020 Employment

Sexual harassment in the workplace

Employment Director Michael Yeates recently joined the Honest Truth with Benito Vergotine on Smile FM to discuss sexual harassment in the workplace.

Listen to podcast Duration 11:45 Minutes

20 March 2020 Employment

Banning of 100 people and more gatherings

Employment Senior Associate, Bheki Nhlapo, recently joined the Heart FM breakfast show to discuss and elaborate on the announcement made by President Cyril Ramaphosa regarding the banning of 100 people and more gatherings, especially in the workplace.

Listen to podcast Duration 11:12 Minutes

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