Legal updates and opinions
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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 [...]
WERKSMANS SUPPORTS START-UPS AND SMALL BUSINESSES
Beyond the need to merely operate as a top-ranked highly successful corporate and commercial law firm, Werksmans strives to make a difference in all we do. [...]
CARRYING WEAPONS DURING STRIKE ACTION: POTENTIAL GROUND FOR DISMISSAL
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether an employer is justified in dismissing employees carrying weapons [...]
WHERE A FAILURE TO CONDUCT JOB GRADING DEPRIVES AN EMPLOYEE OF BENEFITS IT MAY AMOUNT TO AN UNFAIR LABOUR PRACTICE
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the failure to implement a performance management system in [...]
NEW CORRECTED MINIMUM WAGE RATES FOR WHOLESALE AND RETAIL SECTOR
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 14 October 2019 the Minister of Labour and Employment published [...]
COMMON LAW SET‑OFF AND THE NATIONAL CREDIT ACT, 2005
By Tracy-Lee Janse van Rensburg, Director In terms of the recent judgment handed down by Keightley J in the matter between the National Credit Regulator and The [...]
