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More often than not, arbitration proceedings are final and binding on the parties without a right to appeal the arbitrator’s award (this is commonly the case in construction and engineering contracts). If appropriate, an aggrieved party may challenge an award by the process of review. The grounds for review are limited, to avoid any ‘back door’ appeals. So, when can an award be reviewed?
The recent judgment of BNS Nominees (RF) (Pty) Ltd and Others v Arrowhead Properties Ltd and Others [2022] ZAGPJHC 848 has laid down various important principles regarding the novel area of law regulating appraisal rights in terms of section 164 of the Companies Act 71 of 2008 (Act).
It is well known that Kenya’s employment and labour relations courts are considered more lenient towards employees, especially when the balance of power favours the employer. An employer, therefore, has to take all precautions to ensure that its relationship with its employees, as well as the termination of the said relationship, occurs as required by the Employment Act, 2007 (Employment Act).
Our constitutional democracy demands that where our common law offends the spirit, purport and objects of the Bill of Rights, it must be developed to cure this offence. As a result, our courts have, over the years, had to grapple with several matters that required the adjustment of our law to properly recognise and protect the rights and lived realities of our society.
New rules governing objections and appeals under the Tax Administration Act 28 of 2011 (TAA) were promulgated by the Minister of Finance on 10 March 2023 (new rules). The new rules came into effect on the date of publication and, therefore, replace the ‘old rules’ (promulgated in 2014) with immediate effect.
In Telkom SA Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2019] 40 ILJ 1093 (LC), the primary issue that the court was required to decide was whether the failure to appoint an employee to a more senior position, after their existing position was made redundant, as part of an alternative to retrenchment during a section 189 process constitutes an alleged unfair labour practice dispute related to promotion.
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More often than not, arbitration proceedings are final and binding on the parties without a right to appeal the arbitrator’s award (this is commonly the case in construction and engineering contracts). If appropriate, an aggrieved party may challenge an award by the process of review. The grounds for review are limited, to avoid any ‘back door’ appeals. So, when can an award be reviewed?
The recent judgment of BNS Nominees (RF) (Pty) Ltd and Others v Arrowhead Properties Ltd and Others [2022] ZAGPJHC 848 has laid down various important principles regarding the novel area of law regulating appraisal rights in terms of section 164 of the Companies Act 71 of 2008 (Act).
It is well known that Kenya’s employment and labour relations courts are considered more lenient towards employees, especially when the balance of power favours the employer. An employer, therefore, has to take all precautions to ensure that its relationship with its employees, as well as the termination of the said relationship, occurs as required by the Employment Act, 2007 (Employment Act).
Our constitutional democracy demands that where our common law offends the spirit, purport and objects of the Bill of Rights, it must be developed to cure this offence. As a result, our courts have, over the years, had to grapple with several matters that required the adjustment of our law to properly recognise and protect the rights and lived realities of our society.
New rules governing objections and appeals under the Tax Administration Act 28 of 2011 (TAA) were promulgated by the Minister of Finance on 10 March 2023 (new rules). The new rules came into effect on the date of publication and, therefore, replace the ‘old rules’ (promulgated in 2014) with immediate effect.
In Telkom SA Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2019] 40 ILJ 1093 (LC), the primary issue that the court was required to decide was whether the failure to appoint an employee to a more senior position, after their existing position was made redundant, as part of an alternative to retrenchment during a section 189 process constitutes an alleged unfair labour practice dispute related to promotion.
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Investor-state dispute settlement ("ISDS") has long been contentious within Southern Africa largely because of the South African government's policy position towards international investment arbitration.
Following the publication of a similar list in December 2020, the Kenyan Trade Marks Registrar has now published a list of 2496 trademark registrations.
The Ministry of Petroleum and Mining issued a public notice on 14th February 2021.
Kenya Managing Partner, Sammy Ndolo ranked in Chambers Global 2021.
Widely reported last week is a plan by the Treasury to set up an Unemployment Insurance Fund (UIF), in order to assist the unemployed as a result of the COVID-19 pandemic. As reported, the plan seems rather simple; a 1% tax will be levied on employees and employers alike in order to fund the UIF and offer a monthly stipend to the unemployed, or those unable to work due to illness.
Partner Desmond Odhiambo and Associate Peter Mutema recently contributed to the 2020 edition of Getting The Deal Through - Labour and Employment.
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Aadil Patel, Practice Head in our Employment Law practice, spoke to SABC News regarding SA's healthcare services being disrupted due to the NEHAWU wage strike.
South Africa has officially been greylisted. Krevania from our Corporate Investigations sector discussed this with eNCA.
CDH Kenya Partner, Alex recently spoke to KBC about the expansion of taxpayers in Kenya, an antidote to the country's debt crisis
As the world commemorates the annual 16 Days of Activism Against Gender-Based Violence, in South Africa we place a specific focus on no violence against women and children. According to a study by the University of South Africa/Universiteit van Suid-Afrika, sexual harassment in the workplace is increasing, with over 51 830 sexual offences committed annually. Hedda Schensema, Director in our Employment Law practice discussed this in more detail with eNCA.
Alex Kanyi, Partner in the Nairobi Tax & Exchange Control practice recently sat down with NTV to discuss the changing tax laws in Kenya.
Social media has radically transformed our modes of communication, however, there are inherent dangers, given the public nature of these platforms. Phetheni Nkuna, Director in our Employment Law practice discusses how we should balance the scales between sharing an opinion, fair comment, and defamation of character, with eNCA
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On 19 January 2023, the Cabinet Secretary for the National Treasury and Economic Planning made The Income Tax (Financial Derivatives) Regulations, 2023. These Regulations are intended to provide a taxation framework for gains made from financial derivatives traded in Kenya. With the introduction of these Regulations, multiple questions have risen regarding the nature of financial derivatives that befall the taxman's scope. CDH Kenya Partners, Alex Kanyi and Martha Mbugua provide some clarity on the taxation of gains from financial derivatives in Kenya and the implications to taxpayers.
Tendai Jangara, Director in the Corporate Investigations sector joined Evan Pickworth on Business Day's Business Law Focus, to discuss the continuing plight whistle-blowers.
Aadil Patel, Head of our Employment Law Practice, speaks to 702 regarding SA's healthcare services disrupted due to Nehawu wage strike.
Njeri Wagacha talks to Iain Usiri, CEO & Co-Founder of Ramani, a point-of-sale distribution business in Tanzania.
Brazil is considering several bills that may result in imprisonment for failure to comply with that country's mandatory vaccination regulations. If passed into law, citizens of Brazil may be imprisoned for refusing to vaccinate and for spreading misinformation about Covid-19 vaccinations. The developments in Brazil may resuscitate discussions in the workplace about the implementation of mandatory vaccination policies in the context of South Africa and the developments across the globe.
Following Minister Godongwana's 2023 Budget Speech, Jerome Brink, Director in our Tax & Exchange Control Practice discussed the key points with Channel Africa.
