Legal updates and opinions
Search Author
Employer may fairly dismiss employees for refusing to accept operational changes in the context of restructuring
Refusing to accept operational changes in the context of restructuring Explanatory Note Generally, the dismissal of employees to coerce them into accepting a particular employment outcome [...]
Update: Prevention and Elimination of Harassment in the Workplace
The Harassment Code by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Danelle Plaatjies, Candidate Attorney Introduction On 18 March 2022, the Minister of [...]
Quotas for employment of foreign nationals – Rationing the work
Quotas for employment of foreign nationals by Peter Mosebo, Director and Lisa Appelgryn, Senior Associate 1. The Minister of Employment and Labour published the draft [...]
Mandatory vaccinations after the state of emergency is lifted
Consolidated Direction on Occupational Health and Safety measures As has been recently published, the national state of disaster has been extended by the Minister of Cooperative [...]
Continuously raising grievances in the workplace held to be a fair ground for dismissal
Raising grievances in the workplace The issue was whether the dismissal of an employee who continuously raised grievances was substantively and procedurally fair. Summary The dismissal [...]
Employees signing mutual separation agreements under duress
Signing mutual separation agreements under duress Whether a threat of police action amounts to duress when signing a mutual separation agreement. Summary The dismissal of [...]
Dishonesty surrounding the breach of Covid-19 protocols in the workplace is a fair ground for dismissal
Breach of Covid-19 protocols in the workplace Issue Whether dismissal for dishonesty for infringing the employer’s Covid-19 protocols, was procedurally and substantively fair. Summary The dismissal [...]
The pride or prejudice of being a related person to a company?
by Marvin Petersen, Senior Associate co-authored by Jarryd Mardon, Director and reviewed by Pierre le Roux, Director Introduction In terms of Section 163 of the Companies [...]
Constitutional Court confirms invalidity of Broad-Based Black Economic Empowerment (“BBBEE”) pre-qualification criteria for state tenders
Preferential Procurement Policy Framework Act by Pieter Steyn, Director 1. In September 2020, the Supreme Court of Appeal ("SCA") declared that the Preferential Procurement Regulations ("Regulations") [...]
2022/2023 Budget Proposals Tax Overview
2022/2023 Budget Proposals - Tax Overview By: The Werksmans Tax Team INTRODUCTION Minister of Finance Enoch Godongwana delivered his maiden Budget Speech on 23 February 2022. [...]
“Death and Life are in the Tongue”* – A Case of Hate Speech
by Dakalo Singo, Director and Harold Jacobs, Director "This country is still grappling with identifying where the bounds of freedom of expression lie, with the meaning [...]
Chambers Global Rankings 2022
Chambers Global Rankings 2022 Released Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and conducting interviews with clients and legal [...]
The Status of Business Rescue in South Africa
Business Rescue in South Africa 2022 by Eric Levenstein, Director, and Head of Insolvency, Business Rescue & Restructuring practice, and Malachizodok Mpolokeng, Candidate Attorney With the [...]
Compensation for employees who experience injuries, illness or death as a result of the Covid-19 vaccine
Compensation for Occupational Injuries and Diseases Act 130 of 1993 by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 22 October 2021, a [...]
Dismissal for intimidation and accusations of racism against fellow employee held to be fair and appropriate
Dismissal for intimidation and accusations of racism by Jacques van Wyk, Director and Andre van Heerden, Senior Associate Issue Whether the dismissal of an employee who [...]
Claims by employee for costs of Covid-19 tests cannot be referred to the CCMA
Basic Conditions of Employment Act ("BCEA') threshold by Jacques van Wyk, Director and Andre van Heerden, Senior Associate Issue Whether the Commission for Conciliation, Mediation and [...]
South Africa lagging behind when it comes to cross-border insolvency
Cross-border insolvency by Eric Levenstein, Director and Head of the Insolvency, Business Rescue & Restructuring Practice and Nastascha Harduth, Director Breaking news out of India, is [...]
The long road to driving road legislation continues!
Compliance with road legislation by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, [...]
Competition Commission and Information Regulator sign a Memorandum of Agreement
Competition Commission and Information Regulator sign an MoU by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law [...]
Competition law and consent agreements, closing the door on civil damages?
Competition law and consent agreements by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale [...]
Code of conduct of the Banking Association of South Africa: What we know
Codes of conduct focused on the processing of personal information by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the [...]
National Health Insurance Bill
National Health Insurance (NHI) Bill National Health Insurance: Quo Vadis? by Neil Kirby, Director: Healthcare & Life Sciences Law, Werksmans Inc. Few will deride the concept [...]
The application of the reportable arrangement provisions to contributions to offshore discretionary trusts
Offshore discretionary trusts by Erich Bell, Director Werksmans Tax Proprietary Limited The reportable arrangement provisions in Part B of Chapter 4 of the Tax Administration Act, [...]
The existence of a disputed arbitration agreement: Whose call?
Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties to refer their dispute to arbitration. [...]
