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Unilateral change to employee’s retirement age may constitute an automatically unfair dismissal in terms of The Labour Relations Act and unfair discrimination in terms of The Employment Equity Act
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer may unilaterally change an employee's retirement age [...]
Automatically unfair dismissals: An employer may dismiss an employee for lodging a false grievance
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Is the lodging of a grievance the exercise of a [...]
Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 August 2020 the Minister of Employment and Labour, Thembelani [...]
The Crossroads, When Giants Intersect Competition and Data Protection Law
by Ahmore Burger-Smidt, Director and Head of Data Protection and Privacy Practice; and Dale Adams, Candidate Attorney "…it's not always turnover that makes a company an [...]
What now? POPI is at your front door.
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice Questions in relation to POPI compliance are indeed ample. Various companies wish to understand [...]
Collision on the Section 197 Highway
Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation [2020] ZACC 21. by Sandile July, Director; Sandile Tom, Director; [...]
Working from home but are you really at work?
by Sandile July, Director and Nyiko Mathebula, Candidate Attorney COVID-19 has revolutionised the workplace in terms of health and safety standards. Never before have employers had [...]
Proposed amendments to The Financial Intelligence Centre Act, 2001
by Tracy-Lee Janse van Rensburg, Director On 19 June 2020[1], the Minister of Finance published proposed amendments to Schedules 1, 2 and 3 to the Financial Intelligence Centre Act, 38 of 2001, as [...]
Guidance on outsourcing of compliance activities to third parties
by Tracy-Lee Janse van Rensburg, Director and Juliet Siwela, Candidate Attorney On 21 July 2020, the Financial Intelligence Centre ("FIC") published the draft public compliance communication, communication number 12A [...]
Additional obligations for designated employers under The Employment Equity Act
by Bradley Workman-Davies, Director A recent bill submitted to Parliament for consideration would seek to impose potentially stringent new quotas for numerical targets for the employment [...]
The effect of divorce and remarriage on a Will: SA and UK perspective
by Rachel Winterbach, Candidate Attorney reviewed by Doelie Lessing, Director This article compares the legal position that applies in the UK when a testator executed a [...]
The deductibility of BBBEE expenditure – Binding Class Ruling 72
by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice SARS has recently issued Binding Class Ruling 72 ("BCR 72"), in which it ruled [...]
SARS to get a new stick
by Kyle Fyfe, Senior Associatereviewed by Ernest Mazansky, Head of Tax Practice Section 34 of the draft Tax Administration Laws Amendment Bill, 2020 proposes to amend [...]
Data breaches in South Africa post POPI…Any lessons to be learned?
by Ahmore Burger-Smidt, Director and Head of the Data Privacy Practice; and Dale Adams, Candidate Attorney 1. During mid-August 2020, social media, news reports and other [...]
Excessive pricing in State procurement of PPE
by Petra Krusche, Director and Rethabile Sebotsa, Candidate Attorney The COVID-19 national state of disaster declared in terms of the Disaster Management Act No. 57 of 2002 [...]
Update: Resumption of Temporary `Employer / Employee Relief Scheme (“TERS”) payments
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 26 August 2020 the Department of Employment and Labour published [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) July / August applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The July and August applications for Covid-19 TERS are now open [...]
Force majeure in an ongoing COVID-19 environment from a construction perspective
By Jennifer Smit, Director and Tsele Moloi, Senior Associate In parts of the world, cases of COVID-19 are declining, whilst others are seeing their first spikes. [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) benefit clarification
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Urgent update: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 13 August 2020 the Minister of Employment and Labour, Thembelani [...]
Employment Equity Amendment Bill 2020
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 20 July 2020 the Minister of Employment and Labour, Thembelani [...]
Unprotected strike action: An ‘essential service’ in terms of the National Disaster Management Act 57 of 2002 (“NDMA”) is not automatically regarded an essential service terms of the Labour Relations Act 66 of 1995 (“LRA”)
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an essential service in terms of the NDMA is [...]
Whether employers are obliged to engage with unrepresentative trade unions before dismissing employees who embark on unprotected strike action
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney Issue Whether an employer is required to engage with a trade [...]
Essential Services Committee Notice
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 July 2020 the Essential Services Committee ("ESC") published a [...]
Tourism Sector Recovery Plan
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 August 2020 the Department of Tourism published a draft [...]
