Contact

Employment Matters

Back to top

Employment Matters

27 Mar 2012 1 min read Article

In this issue

  • Minimum services agreement – Who has the power?
  • Transfer of a business as a going concern
  • Is there still scope for fixed term contracts of employment under the Labour Relations Amendment Bill?
  • The Labour Relations Amendment Bill and its impact on review applications
  • Granting minority trade unions majority rights
  • Variation and rescission of arbitration awards and rulings
  • Ballot before a strike
  • Temporary employment services
  • Labour Relations Amendment Bill, 2010
     

The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.

You might also be interested in

30 Jan 2024

by Muhammad Ziyaad Gattoo and Kirsty de Sousa

What it means to “make your mark” in the twenty-first century

In the dynamic legal context of 21st-century South Africa, the traditional act of making your mark on a contract has undergone a profound transformation with the introduction of electronic signatures (e-signatures). Understanding the nuanced legal implications of e-signatures is crucial as South Africa embraces digital advancements in commercialtransactions. 

Real Estate Law

3 min read

6 Mar 2024

by Martha Mbugua and Amanda Maseno

The impact of the fluctuation of the Kenyan currency with regards to investment in Kenya

The Kenyan shilling dropped significantly in value (by approximately 22%) against the US dollar between March 2022 and January 2024. During this period there was a continuous drop in value with the lowest rate being KES 160.80 per dollar in January 2024. Various factors have been attributed to the depreciation of the shilling against the dollar, including the COVID-19 pandemic, which affected the global economy; rapid monetary policy tightening by the US Federal Reserve; the Russia-Ukraine war and the subsequent sanctions against Russia which disrupted supply chains; drought; and the Kenyan Government’s heavy debt burden, which reduced Kenya’s reserves below the required level of not less than the value of four months’ worth of imports. In February 2024, the shilling gained against the dollar from KES 160 to KES 145 and, as at 6 March, the shilling stands at 142.8 against the dollar. It is not certain whether this upward trend will continue or if future declines/fluctuations are to be expected. In this article, we discuss the actions taken by the Government to mitigate this, look at the impact of fluctuation of the Kenyan currency on investments, and propose somesolutions.      Mitigation measures by the Government

Corporate & Commercial Law

4 min read

30 May 2023

by Nomlayo Mabhena-Mlilo

A prudent question is one half of wisdom: The consequences of business email compromise for banks and attorneys

It was Sun Tzu who famously said, “ He who is prudent and lies in wait for an enemy who is not, will be victorious .” However, what happens to an attorney who is sufficiently prudent to confirm the banking details of a recipient but fails to question a change in the previously provided banking details of the same recipient and then falls prey to fraudsters? This question was answered by the full bench of the High Court in the case of Hartog v Daly and Others (A5012/2022) ZAGPJHC 40; 2 All SA 156 (GJ) (24 January 2023).

Dispute Resolution

5 min read

23 Aug 2023

by Shameegh Allen and David Thompson

Minority protections against oppressive and/or prejudicial amendments to an MOI

When considering the age-old question of which provisions should be contained in the memorandum of incorporation (MOI) and which provisions should be contained in the shareholders’ agreement (SHA), one important consideration which is often overlooked is the threshold required to amend an MOI as opposed to an SHA.

Corporate & Commercial Law

6 min read

31 Oct 2023

What is the status of parental leave?

The parental leave provisions of the Basic Conditions of Employment Act 75 of 1997 were declared invalid because of inconsistency with the Constitution. The declaration of invalidity is suspended for two years to allow Parliament to remedy the defect. The Court has provided interim relief by amending the legislation to provide all parents 4 consecutive months' parental leave collectively. However, the Constitutional Court has to make the final decision on whether the order of invalidity is confirmed before it has any force. Watch our webinar discussion on the impact of this judgment and the way forward.

Employment Law

35:08 Minutes

10 Aug 2023

by Alex Kanyi and Brandon Otieno

Unpacking the Affordable Housing Levy: Next steps for employers and employees?

Kenya’s housing deficit has been a long-standing issue for many government regimes. The need to realise the constitutional aspirations of Article 43 on the right to accessible and adequate housing has led recent administrations to earmark housing as a key priority development area.

Tax & Exchange Control

6 min read

This website uses cookies to enhance the browsing experience. For more information, please see our Cookie Policy.

Accept Decline