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Is a trade union entitled to organisational rights in terms of the LRA after acquiring majority representation at a single branch?
Professional Transport and Allied Workers Union obo members / Professional Aviation Services [2016] 4 BALR 421 ISSUE Whether a trade union is entitled to organisational [...]
Asset for share transactions – beware of selling your shares within 18 months especially in the context of a share buy-back
To prevent tax considerations from discouraging the incorporation of a business, a specific form of ‘rollover relief’ is available when an asset is exchanged under an ‘asset-for-share transaction’. [...]
A new era dawns – criminalisation of cartel conduct
On 22 April 2016, a Presidential Proclamation (“Proclamation”) appeared in the Government Gazette which confirmed that the provisions contained in section 12 of the Competition Amendment [...]
The employer’s responsibility during the transfer of an employee
Senne and others v Fleet Africa [2016] ZALCJHB 48 ISSUE One of the automatic consequences of a transfer in terms of section 197 of the [...]
Contracts of temporary employment services employees
National Union of Metalworkers of South Africa obo Nkala and others v Durpo Workforce Solutions [2016] 3 BALR 229 (MEIBC) ISSUE Whether the contracts of employment [...]
SCA judgments: Capstone & Kluh
In our November 2014 edition of Legalwerks, we discussed the decisions of the Full Bench of the High Court of the Western Cape regarding the capital [...]
Property buyers may be liable for historical debt
In a recent judgement handed down by the Supreme Court of Appeal, the court ruled that a hypothec created by section 118(3) of the Municipal Systems [...]
Remuneration of employees in different provinces
Duma v Minister of Correctional Services & others ISSUE Whether the failure to pay an employee in one province the same remuneration as employees [...]
Non-striking employees not to be locked out: limitations of the employer’s right to lock out
Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC On 8 March 2016, in the case of Transport and Allied Workers Union [...]
Criminalisation of cartels: a potential cure with side effects
Competition authorities particularly in the United Kingdom, the United States and Australia have enacted and entrenched criminal penalties for cartel behaviour. South Africa seems to desire to [...]
How to compensate the victims of collusion
In the sphere of competition law, anti-competitive practices can have a detrimental effect on an economy and the performances of markets. It is accepted that practices [...]
The potential for competition law enforcement to revive and promote faster economic growth in South Africa
On 2 February 2016, the World Bank released its annual economic update report, titled “South Africa Economic Update, Promoting Faster Growth and Poverty Alleviation Through Competition, [...]
2016/2017 budget proposals – Tax overview
INTRODUCTION The trend that began three years ago of a reduced number of substantive amendments announced in the Budget continued this year. Contrary to [...]
Inside information interpreted by the courts
Matters relating to insider trading do not often come before the South African courts as the Enforcement Committee of the Financial Services Board (“FSB”) routinely investigates [...]
The termination of service level agreements: the application of Section 197 of the LRA
Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) [2015] ZALCPE 66 Issue Whether the expiry of a limited duration contract with [...]
Tax amendments – 2015
INTRODUCTION The Taxation Laws Amendment Act, 2015 and the Tax Administration Laws Amendment Act, 2015 have now both been passed by Parliament, but await signature by the President. [...]
Can an employer unilaterally impose short time on employees in circumstances of financial distress?
Independent Commercial Hospitality and Allied Workers Union and others v Commission for Conciliation, Mediation and Arbitration and others (2015) 24 LC 8.18.1 Unilaterally implement short time [...]
Employment Services Act
The Employment Services Act No. 4 of 2014 (“the Act“) comes into operation as from 9 August 2015. The purpose of the Act is, inter alia, to‑ provide for [...]
The meaning of a hearing DE NOVO in arbitration proceedings
Section 138 of the Labour Relations Act 66 of 1995 accords the commissioner’s discretion to determine the matter and form of the proceedings in an unfair [...]
The provision of transport for employees working overtime beyond 18h00
Summary The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the safety of workers during their commute [...]
Consequences of late/non-filing of employment equity reports
In terms of the EEA, designated employers are obliged to submit an Employment Equity Report (“EER”) to the Director-General of the Department of Labour once every [...]
May an employer take on the right to alter a chairperson’s decision in a disciplinary hearing?
May an employer overturn the decision of a chairperson of a disciplinary hearing if it believes the chairperson’s sanction was too lenient? Summary An employer may [...]
Admission of video recordings as evidence in arbitration proceedings
In terms of section 138(1) of the Labour Relations Act 66 of 1995 (as amended) (“the LRA”) a “commissioner may conduct the arbitration in a manner that the [...]
Life after Sidumo: clarifying the review test
Sidumo v Rustenburg Platinum Mines Ltd & Others [2007] 12 BLLR 1097 (CC) is a landmark case in South African labour law, which among other things, established the [...]
The Labour Relations Amendment Act 6 of 2014 – TES
The Labour Relations Amendment Act 6 of 2014 – TES Dec 18,2014 On 18 August 2014, the President of the Republic of South Africa assented to [...]
