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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 [...]
Dismissal for misrepresentation when applying for a position
Falsely misrepresented credentials during the job application process An employee may be found guilty of misconduct if an employer can prove that the employee falsely misrepresented [...]
Acceleration clause – Contra Bonos Mores?
An acceleration clause When a party to a contract defaults on one of their payments, one of the questions that arises is whether the creditor to [...]
Alcohol abuse in the workplace
Employers are often beset with the challenges of addressing issues of alcohol abuse in the workplace. Challenges of addressing issues of alcohol abuse in the workplace [...]
The requirements for effecting lawful deductions arising out of damages caused by an employee’s negligence
Sections 34(1)(a) and 34(2) of the Basic Conditions of Employment Act of 1997 (“BCEA”) state that an employer can make a deduction from an employee’s remuneration [...]
The importance of the recognition of cultural beliefs in the workplace
Cultural beliefs in the workplace Issue in dispute Can an employee who has a genuine cultural belief that she should attend a training course unrelated [...]
Let the litigation funder beware
Litigation funding agreement A litigation funding agreement is an agreement that provides for a non-party to finance a legal action on behalf of a litigant in [...]
What’s really right? Corporate Social Responsibility as a legal obligation in South Africa
Corporate Social Responsibility Introduction Corporate Social Responsibility is no longer merely a “nice to have” as it finds itself referenced expressly in black and [...]
Employment equity: The importance of regional demographics
Employment Equity Act 55 of 1998 In terms of the Employment Equity Act 55 of 1998 as amended (“EEA“) designated employers must implement an Employment Equity Plan (“EEP”) in order [...]
The legalities of volunteering – understanding your options and obligations
“It’s in your hands to make the world a better place.” – Nelson Mandela 10 Legalities around volunteering Mandela Day has arrived, bringing with it a [...]
Incitement to strike
Inciting employees to commit misconduct When does the conduct of an employee amount to ‘incitement’ justifying disciplinary action? In order to discipline an employee for inciting [...]
How binding is a CCMA settlement agreement?
Written settlement agreement at the CCMA If an employee enters into a written settlement agreement at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) on the [...]
Protection of Personal Information Bill: What should you be asking?
In this Legal Brief we look at some of the questions that you should be asking yourself in light of the provisions of the Protection of Personal [...]
The delinquent director: No tolerance for errant directors
Errant company directors who fail to comply with the obligations set out in the Companies Act, 2008, will now face the prospect of being declared “delinquent” [...]
