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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 [...]
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") [...]
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 [...]
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 [...]
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. [...]
Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457 (13 December 2021)
Termination of the employment relationship in terms of the UI-19 by Bankey Sono, Director and Neo Sewela, Candidate Attorney Very often employers and employees conclude settlement [...]
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 [...]
CCMA pronounces on mandatory vaccination policy
Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement on the fairness of a dismissal [...]
Effects of Business Rescue
What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company remain the directors. However, their powers [...]
Data protection and privacy regulation: A roundup of developments in Africa in 2021
Data protection, cybercrimes and/or cybersecurity laws The increase in internet penetration in Africa has made it easier to collect, use and share large quantities of personal [...]
Who was worse: The Attorney or the Legal Practice Council?
Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk (57) was struck off the roll [...]
Shareholders stuck between a rock and a hard place
Companies Act 71 of 2008 Brief overview of Section 163 Introduction There are instances where the Companies Act 71 of 2008 ("the Act") and/or the Memorandum [...]
Who appoints the substitute BRP? A look into the meaning of Section 139(3) of the Companies Act
Section 139(3) of the Companies Act Who has the power to appoint a business rescue practitioner's replacement, in circumstances where a practitioner dies, resigns, or is [...]
