Performance management and performance improvement plans in the employment context

Another draft Employment Equity economic sector targets: Have comments been considered?

Kenya Finance Bill 2023

The long-awaited Finance Bill, 2023 (Bill) was finally tabled before the National Assembly on 4 May 2023.

Political parties’ involvement in workplace affairs

It has become a common feature in South Africa for political parties to want to become embroiled in workplace issues. This initially gained prominence with the Economic Freedom Fighters (EFF,) a well-known opposition national political party. The Labour Court has, however, already taken a strong stance against the EFF in two reported judgments: Calgan Lounge v EFF and Others 40 ILJ 342 (LC) a matter in which Cliffe Dekker Hofmeyr (CDH) represented Calgan Lounge in 2018, and Gordon Road Spar v The Economic Freedom Fighters and Others 42 ILJ 1953 (LC) which was subsequently overturned by the Labour Appeal Court (LAC) in 2023 for technical legal considerations. We reported on these judgments in our 12 November 2018 , 4 October 2021 and 24 January 2022 Employment Law Alerts. The Gordon Road Spar judgment, however, needs to be heeded by employers who are faced with a similar dilemma and who intend to engage the assistance of thecourt.    

The Employment Equity Act and employer inspections

The 2023 amendments to the Employment Equity Act 55 of 1998 (EEA) aside, the Department of Employment and Labour (DEL) has in the recent past been active in the inspection of designated employers to monitor both general compliance with the EEA and to ensure that designated employers have prepared and implemented their employment equity plans (EEP).

Agribusiness acquisitions: What to know before you buy

While each business acquisition is unique, acquiring an agri-business raises some specific, important issues. These should always be considered and dealt with to some extent in the relevant sale agreement/s. In this alert, we briefly explore five of these issues. The structure of the deal will influence the wording of the relevant clauses but not the principles involved.

Amending the connected persons definition in relation to partnerships

The “ connected person ” definition contained in section 1 of the ITA is one of the most important sections that impacts income tax since various tax provisions, anti-avoidance sections in particular, are triggered if parties are connected persons. The definition encompasses various categories of persons including individuals, companies, trusts and partnerships. Arguably the “connected person” definition in relation to partnerships is one of the more controversial sub-definitions given its broad ambit.