Dispute Resolution Matters

Why employers should consider grievances provided by underperforming employees before termination

In today’s fast-paced and competitive world, employers are often faced with the challenge of managing employees who are not meeting their performance expectations. Poor performance constitutes one of the valid reasons for an employer to terminate the service of an underperforming employee.

Electronic Travel Authorisation: Visa in disguise?

During Kenya’s 60 th independence anniversary celebrations on 12 December 2023, the president directed that Kenya will be a visa-free country, effective from January 2024. This development in the immigration sector is now implemented through the electronic Travel Authorisation (eTA) system that was unveiled on 5 January 2024. Notably, the eTA system departs from the public understanding of a visa-free experience as travellers (including infants and children) are required to obtain the document before embarkment. Travellers who expected a seamless entry into the country have aired their disappointment with the unexpected costs and additional documentation for persons from initially visa-exempt countries

BPR 398: Will you be the yield to my instrument?

The tax treatment of interest and dividends is quite different. Generally, interest paid on money borrowed in the production of trading income is deductible for tax purposes, while the interest derived by the creditor from a loan or investment of money is taxable.

Two new renewables bid windows signal revised hope for solving South Africa’s energy crisis

On 14 December 2023, the Department of Mineral Resources and Energy (DMRE) released a request for qualification and proposals (RFP) under the seventh bid submission phase (Bid Window 7) of the Renewable Energy Independent Power Producers Procurement Programme (REIPPPP), and the DMRE also launched the second bid window (Bid Window 2) for the Battery Energy Storage Independent Power Producers Procurement Programme(BESIPPPP).  

Employee vs Independent Contractor vs TES

The test for determining who is an employee and who is an independent contractor differs with reference to persons who earns above or below the threshold in terms of s6(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA). An independent contractor, unlike TES employees, is not an employee either of the client or the TES. Independent contractors render services for a fee, whereas a TES provides labour to a client for reward. Ultimately the test is always substance over form and the nature of the agreement is not definitive.

The impact of AI and the power of streaming platforms in the South African context