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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 [...]
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 [...]
STRIKE OUT ON THE BALLOT
By Sandile July, Director; Lisa Appelgryn, Associate; and Luyanda Mthimkhulu, Associate Section 23(2) of the Constitution of the Republic of South Africa, 1996 provides that every [...]
HANDS OFF MY RETIREMENT BENEFIT! NOT SO QUICKLY…
By Bradley Workman-Davies, Director and Mishkah Abdool Sattar, Candidate Attorney Providing an employee with retirement benefits, either in the form of a pension fund or provident [...]
BRAND OWNERS: ARE YOU BREXIT READY?
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. The UK remains [...]
SARS PROVIDES CLARITY ON DONATIONS TAX
By Robyn Armstrong, Senior Associate Reviewed by Ernest Mazansky, Director On 1 October 2001, the rate of donations tax levied on donations made by residents dropped [...]
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 [...]
B= BREXIT – ADVICE TO BRAND OWNERS
By Donvay Wegierski, Director The initial Brexit date of 29 March 2019 was re-scheduled to 31 October 2019 – deal or no deal. Our advice to [...]
CANCELLED OR PARTIALLY CANCELLED TRADE MARKS – SOME TAKE AWAYS
By Donvay Wegierski, Director The European Union's Trade Mark office (EUIPO) has this year cancelled McDonald's European Union Trade Mark registrations for BIG MAC and partially [...]
BANKSY AND GROSS DOMESTIC PRODUCT
By Janine Hollesen, Director We have written about the risks of not using a trade mark which could lead to the mark being removed from the [...]
CANNABIS REMAINS ABUZZ
By Donvay Wegierski, Director An adult may possess and use cannabis in private for personal consumption in South Africa. This is according to the South African [...]
Recognising subtle forms of sexual harassment in the workplace
The #METOO movement has correctly focused public attention on inappropriate workplace conduct. After all of the media attention, the obvious ways in which sexual harassment can occur [...]
All beliefs are created equal – or are they?
Did you know that your beliefs may be protected by labour laws? But how far do these protections extend – would you be protected for climate [...]
Salary discrimination not automatically unfair
Unfair discrimination on the basis of an inequality in pay - between male and female staff, or staff of different ethnic or racial groups or any [...]
False workplace racism allegations increasingly punished by courts
The problem of being accused of racism, when the allegation is untrue, is starting to come to the fore and increasingly tested by our legal system. [...]
Business must protect the data of all South Africans
If your business has met all the requirements of European data privacy regulations, do you then also comply with South Africa’s Protection of Personal Information Act [...]
Civil damages or even class action suits a possibility for companies failing to protect customer data
by Ahmore Burger-Smidt, Head of Data Privacy Practice Companies that fail to protect their customers’ personal information may face class action suits once the Protection of [...]
