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Temporary Employment Service – Judgement
On 26 July 2018, the Constitutional Court upheld the decision of the Labour Appeal Court in National Union of Metalworkers of SA v Assign Services & [...]
TAKE NOTE, THE COMPETITION AMENDMENT BILL, 2018
On 12 July 2018, it was announced that the Competition Amendment Bill, 2018 ("Bill") was officially introduced to the National Assembly. This Bill details far-reaching changes [...]
The National Minimum Wage Bill
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The NMW Bill has been passed by the National Assembly and sent for concurrence to [...]
The Basic Conditions of Employment Bill
By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Basic Conditions of Employment Amendment Bill ("BCE Bill") introduces amendments to the Basic Conditions [...]
The Labour Laws Amendment Bill
By: Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney INTRODUCTION The Labour Laws Amendment Bill ("LLA Bill") is a Private Member's Bill, which was drafted [...]
Director, Neil Kirby comments on NHI and Medical Schemes Amendment Bill post the briefing by Health Minister, Aaron Motsoaledi
"The Minister of Health has described the advent of national health insurance or NHI as the land issue in the healthcare sector. Today, the Minister announced [...]
South Africa: A South African Perspective on Restructuring Mechanisms
Director, Eric Levenstein and Senior Associate, Lara von Wildenrath contribute to The European, Middle Eastern and African Restructuring Review 2018.This Review provides exclusive thought leadership, direct [...]
The Banking Regulation Review
The Banking Regulation Review Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by [...]
The rights of illegal workers and workers engaged in illegal activities in South Africa
In light of xenophobic violence which continues to be a problem in various regions in South Africa, the case of Discovery Health Limited and Commission for [...]
A landmark case dealing with the revocation of tax compliance status
Reviewed by Ernest Mazansky, Head of Tax Practice A recent judgment handed down in the Pretoria High Court last month highlights SARS's intransigence when applying certain [...]
Mindset shift needed in arbitration
Speed, cost-efficiency and the ability to tailor the process to fit the parameters of the dispute are among the most often-cited reasons why parties choose to [...]
Can directors of state-owned companies be held to account by the SA public?
South African President Ramaphosa admitted in his state of the nation address that state-owned enterprises “are experiencing severe financial operation and governance challenges”. He continued to [...]
Trade marks: sports and the creation of superstars
As the largest single sporting event, the FIFA World Cup is watched across the globe which has led to FIFA's brands, including the FIFA World [...]
Commentary on the State Liability Amendment Bill
With reference to the recent publication of the proposed State Liability Amendment Bill [B16-2018] ("the Bill"), in my view: the Bill is clearly a reaction to [...]
GDPR and domain names
By Janine Hollesen and Donvay Wegierski, Directors On 25 May 2018 the EU's General Data Protection Regulation (GDPR) came into effect which is applicable to anyone [...]
MESSI is a trade mark
By Janine Hollesen and Donvay Wegierski, Directors In April, the EU court ruled that the degree of similarity between the marks MASSI and MESSI is not [...]
Red is Louboutin
By Janine Hollesen and Donvay Wegierski, Directors Luxury shoe designer Christian Louboutin received a favourable ruling from the Court of Justice of the European Union ("CJEU") [...]
Do you own the copyright that you have paid for?
By Janine Hollesen and Donvay Wegierski, Directors The rights of copyright are incredibly powerful once they come into being, the requirements for which are that the [...]
The Banking Regulation Review
Director, Natalie Scott contributes on The Banking Regulation Review - Edition 9. This ninth edition of The Banking Regulation Review contains chapters provided by authors in 35 countries [...]
Fair selection criteria in retrenchments – can your employer make you re-apply for your job?
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity [...]
Is the reference of “swart man” to a fellow employee racist and derogatory? If so, is a dismissal an appropriate sanction?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Whether referring to a fellow employee as a "swart man" (black man), within a specific [...]
Can you terminate an employee’s fixed-term contract by relying on the termination provision of a contract of employment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer rely on the termination provision of an employment contract to terminate an [...]
Excon and cryptocurrencies
INTRODUCTION In a recent Werksmans Tax Brief (https://bit.ly/2K2emv1) we discussed the current SARS view on the South African tax treatment of cryptocurrencies ("cryptos"). However, an area [...]
INSOL International: Restructuring Options for MSMEs and Proposals for Reform – South Africa
Directors, Nastascha Harduth and Dr. Eric Levenstein contribute on the Special Report on MSME insolvency, giving a holistic South African view. 1. Is there a legal [...]
The Facebook data breach – #thisisyourdigitallife
by Ahmore Burger-Smidt, Head of Data Privacy Practice WHAT MESSAGE DOES THE FACEBOOK DATA BREACH HOLD FOR SOUTH AFRICA AS A SOCIETY AND THE BUSINESS COMMUNITY [...]
