Cannabis for Private Purposes Bill

Companies to take heed of mounting climate change litigation risks, advises Alecia Pienaar, Counsel in our Environmental Law practice during a eNCA interview.

2023 amendments to the CCMA Rules

On 21 April 2023, the Commission for Conciliation, Mediation and Arbitration (CCMA) published amended Rules for CCMA proceedings (Rules). These Rules include several new additions and alterations. We highlight some of the amendments which warrant attention below. The Rules came into effect on 24 April 2023. There are also fresh referral forms that now need to be used.

What happens when there are no employee/employment contracts transferred? Is the business still transferred as a going concern?

The Labour Court recently had to decide whether the termination of a service agreement and the concluding of another service agreement with a new service provider to render the same or similar services constituted the transfer of a business as a going concern in terms of section 197 of the Labour Relations Act 66 of 1995 (LRA).

Aggrieved by the decision of the Master of the High Court? Remedies should be considered carefully

What happens when the Master of the High Court (Master) accepts or rejects a creditor’s claim in liquidation proceedings and the affected person wishes to challenge the decision?

Justice delayed could mean suspension without pay

In the case of Mark Strydom v ArcelorMittal South Africa J17647/2023, Mr Strydom approached the Labour Court on an urgent basis for an order that the decision taken by ArcelorMittal on 5 December 2023 to suspend him without pay, be declared unlawful and null and void, alternatively be set aside.

Revisions to the definition of “value-shifting arrangement” in the context of group reorganisation transactions

The notion of shifting value between shareholders of a company is generally a concern of revenue authorities in that, once a value shift takes place, one shareholder receives the benefit of value in the company at no or a reduced cost, while the other shareholder relinquishes value, notwithstanding there being no disposition event for tax purposes, or the transaction being deemed neutral under the ITA.