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The hazardous biological agents regulations: COVID-19 in the workplace
Hazardous Biological Agents by Jacques van Wyk, Director, Andre van Heerden, Senior Associate, and Danelle Plaatjies, Candidate Attorney The Minister of Employment and Labour ("The Minister") [...]
FAQ | Opportunities for investors arising from the South African business rescue process
The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order to take advantage of distressed assets [...]
Explanatory Note
"No right, including the right to strike, is absolute." (AMCU and Others vs Anglo Gold Ashanti and Others) The right to strike is understood and accepted [...]
National minimum wage increases for 2022
Adjusted national minimum wage Following a mandatory annual review process, the Minister of Employment and Labour announced increases to the national minimum wage for 2022. With [...]
Earnings threshold increase for 2022
Annual earnings threshold increase for 2022 The Basic Conditions of Employment Act 75 of 1997 ("BCEA") empowers the Minister of Employment and Labour to make determinations, [...]
Is a report prepared in terms of S 165(4) of the Companies Act privileged?
by Jones Antunes Director, Danielle Hertz, Associate, and Marisha Krishna, Candidate Attorney This aforesaid is an issue that recently enjoyed the attention of the Supreme Court [...]
Can’t make head or tail of POPIA? Lessons from Sheburi V Rail Safety Regulator
The Protection of Personal Information Act 4 of 2013 The Protection of Personal Information Act 4 of 2013 ("POPIA") came into full effect on 1 July [...]
There’s a hazardous biological agent in your workplace
The SARS CoV2 virus ("virus") that causes COVID-19 has been classified as a hazardous biological agent ("HBA"). The virus was added to the list of HBA's [...]
Paint-by-numbers: Competition law litigation against Google and Meta
Online Intermediation Platforms Market Inquiry Is it with bated breath that one should await the outcome of the Online Intermediation Platforms Market Inquiry conducted by the [...]
Is South Africa in a state of procurement limbo? Where to from here, for now?
Public procurement in South Africa by Sarah Moerane, Director, and Koketso Rapoo, Candidate Attorney Public procurement in South Africa is undeniably tied to the country's socio-economic [...]
Putting Directors on Notice! – Section 129(7) of the Companies Act
Section 129(7) of the Companies Act The often "overlooked" Section and its meaning for directors of financially distressed companies by Eric Levenstein, Director, and Head of [...]
Market Inquiry: South African Fresh Produce Market
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice and Nyiko Mathebula, Associate The Competition Commission [...]
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 [...]
