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A horse by the same name?
By Janine Hollesen, Director The High Court in Pretoria has recently ordered the cancellation of numerous trade mark registrations for POLO and logos which include a [...]
The Tax Implications of eliminating Treasury Shares
By Ryan Killoran, Director It is fairly common for a subsidiary company to hold shares in its holding company, colloquially referred to as treasury shares. Subsidiary [...]
A brief retrospective on two cases about UIF and asylum seekers
By Dakalo Singo, Director Introduction The end of February 2020 marks the anniversary of an important court victory which confirmed the rights of asylum seekers to [...]
South African Airways – Business rescue practitioners hold the reins
By Bradley Workman-Davies, Director The fate of South African Airways remains inscrutable, and recently there appears to have been some division between the management of SAA [...]
2020/2021 Budget Proposals – Tax Overview
By: The Werksmans Tax Team INTRODUCTION From 2015/2016, year on year there have been upward adjustments to the various tax rates, including the increase in [...]
Tax Implications of CCMA Awards, Labour Court Orders or Settlements
By Michiel Heyns, Senior Associate and Nicholas Fairbairn, Candidate Attorney Reviewed by Doelie Lessing, Director and Jacques van Wyk, Director Often employment law disputes at the [...]
The Lay of the Land
By Bulelwa Mabasa, Head of Land Reform, Restitution & Tenure and Anele Ngidi, Director The legislative landscape of the national policy on land is currently undergoing [...]
Parental, adoption and commissioning parental leave
By Jacques van Wyk, Director; Michiel Heyns, Senior Associate and Chelsea Roux, Candidate Attorney The provisions in the Basic Conditions of Employment Act 75 of 1997 [...]
Dismissal due to the breakdown of the trust relationship
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Chelsea Roux, Candidate Attorney Issue Whether an act of dishonesty would lead to a breach [...]
Rising above the flames – answers to directors’ burning questions during times of financial crisis
By Eric Levenstein, Director and Nastascha Harduth, Director Often directors of companies that face financial difficulties have questions which they are too reluctant or embarrassed to [...]
Questioning the BBBEE commission’s approach to public benefit organisations in BBBEE ownership structures
By Pieter Steyn, Director A Public Benefit Organisation ("PBO") is defined in the Income Tax Act as a non‑profit company or a trust which has been [...]
Terminating an employment contract and dismissing an employee – how are they interrelated?
By Bradley Workman-Davies, Director A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise [...]
Wereley v productivity south africa: lessons for employers
By Lloyd Abraham, Director On 4 December 2018, the Labour Court in Johannesburg delivered judgment in the matter cited above. The employer (Productivity S.A. /PSA) abandoned [...]
Three cartel cases lost by the competition commission before the competition tribunal – what are the implications for future cases?
By Pieter Steyn, Director In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal. On 4 December 2019, the Tribunal [...]
The long road to the protection of personal information – No April Fool’s Joke
The Protection of Personal Information Bill was first tabled 12 years ago, in 2009. It was signed into law in 2013, but very few provisions in [...]
So whose land is it anyway?
By Bulelwa Mabasa, Director and Refilwe Moitse, Associate "We the people of South Africa, declare for all our country and the world to know: the land [...]
ROYAL IP
By Donvay Wegierski, Director Prince Harry and Meghan Markle have announced that they are stepping down as "senior royals". This revelation means that the Duke and [...]
EMPLOYEES MAY APPROACH THE LABOUR COURT DIRECTLY TO ENFORCE THEIR RIGHTS UNDER THE BASIC CONDITIONS OF THE EMPLOYMENT ACT
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the Labour Court has jurisdiction to determine a claim [...]
THE RESTRICTIONS ON A COMMISSIONER TO DEAL WITH A DISPUTE NOT FORMALLY BEFORE HIM
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the commissioner acted reasonably by applying section 200B of [...]
SECTION 198A(3)(B) DEEMING PROVISION: LIABILITY FOR THE CLIENT EMPLOYER REGARDLESS OF THE ROLE THAT THE EMPLOYER STILL RETAINS
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE In the case of General Industries Workers Union of South [...]
PARENTAL LEAVE BENEFITS: NEW REGULATIONS TO THE UNEMPLOYMENT INSURANCE ACT 63 OF 2001
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 4 November 2019 the Minister of Labour and Employment published [...]
RESIGNATION WITH IMMEDIATE EFFECT – A TALE OF CONFUSION
By Sandile Tom, Director and Dale Adams, Candidate Attorney It is trite law that certain prescribed periods of notice become applicable upon termination of any employment [...]
DISMISSED FOR NOT ACCEPTING AN EMPLOYER’S DEMAND – WHEN IS THIS AUTOMATICALLY UNFAIR?
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 ("LRA"), which generally protects employees in South Africa against (amongst other things) unfair dismissal, as [...]
CONDUCT OF FINANCIAL INSTITUTIONS BILL
By Tracy-Lee Janse van Rensburg, Director and Reuben Lebelo, Candidate Attorney Following on the Financial Sector Regulation Act, 2017 ("FSR Act"), the Conduct of Financial Institutions Bill [...]
WERKSMANS TAX BRIEF
By Ernest Mazansky, Head of Tax Practice, Werksmans Attorneys TAX AMENDMENTS 2019 The Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2019, the Tax [...]
