Dismissed for reporting COVID-19 related symptoms

Jurisdiction in cross-border employment disputes: A clarification by the Labour Court

With some businesses and entities moving towards an increasingly globalised workforce, questions surrounding jurisdiction in labour disputes involving employees working abroad for domestic employers have become both complex and critical. South African labour law has, until recently, grappled with the issue of whether domestic dispute resolution forums, such as bargaining councils or the Commission for Conciliation, Mediation and Arbitration (CCMA), retain jurisdiction where an employee is domiciled or performs their duties abroad, but remains employed by a South African entity or entered into an employment agreement in South Africa, or through, a South African entity. The Labour Court provides important clarification in the case of Naidoo v Khosa NO and Others (JR1346/22) ZALCJHB 131. 

Deferred purchase price and interest in share sale agreements: The National Credit Act

The National Credit Act 34 of 2005 (NCA) is not a piece of legislation that springs to mind when negotiating share sale transactions. This is mainly since share sale transactions typically do not constitute credit agreements and, if they do (due to payment deferral provisions), the NCA still wouldn’t apply where the purchaser (being the “ credit consumer ”) is a juristic person whose annual turnover or asset value equals or exceeds R1 million or where the purchase price is R250,000 or more, and the purchaser’s annual turnover or asset value is below R1million. 

Journey toward a career in corporate finance

Chané Stievenart, Senior Associate in the Corporate & Commercial practice was featured in the DealMakers Women 2024 issue, where she shared insights into her journey toward a career in corporate finance.

Kenya unveils Carbon Market Regulations

The gazettement of the Climate Change (Carbon Markets) Regulations, 2024 (Regulations) on 17 May 2024, has set the stage for the regulatory oversight of carbon project development and management in Kenya. The Regulations have been enacted following a legal reform process that began with the amendment of the Climate Change Act, 2016 (Act) in 2023 to explicitly address carbon market concerns, and signal Kenya’s readiness to intensify efforts to take on opportunities presented by the global carbon markets. The Regulations introduce the key provisions outlined below. 

Employment of Illegal foreigners What employers need to know

Respecting the CCMA Commissioner

This year marks 30 years of workplace dispute resolution under the auspices of tribunals such as the Commission for Conciliation, Mediation and Arbitration (CCMA). Arbitration is the primary format of dispute resolution where conciliationfails.