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New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

A recent landmark decision of the South African Metal and Engineering Industries Bargaining Council could see Commission for Conciliation, Mediation and Arbitration (“CCMA”) commissioners stripped...

by Carmen Abboy and Irvin Lawrence

POPI in relation to community schemes

Introduction The purpose of the Protection of Personal Information Act No 4 of 2013 (“POPI”) is, among other things, to promote the protection of personal information...

by Lauren Squier and Lisa Schmidt

Time to bail out? – Dismissal for “Operational Incapacity”

Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business...

by Tanya Mulligan

Reinstatement: A remedy for unfair dismissal and unfair labour practices

Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there...

by Abrahams & Gross

Tax Alert: South Africa’s employment tax incentive

The high levels of unemployment in South Africa, in particular unemployment in the youth, led to the introduction of the employment tax incentive (“ETI”) scheme created under the Employment Tax Incentive Act, No 26 of 2013 (“ETI Act”). The purpose of the ETI is to …

Provided By Eversheds Sutherland

by Tanya Pollak and Carmen Moss-Holdstock

Increasing focus on environmental taxes in South Africa

Climate change and global warming are issues that have long been debated. Predictions as far back as 1982 regarding increases in atmospheric carbon dioxide are...

by Jerome Brink

How Telstra’s legal team saved 40,000 hours

In 2016 Telstra Legal partnered with Herbert Smith Freehills to run a series of design thinking workshops and innovation sprints to tackle a set of...

by Mick Sheehy

Demystifying “non-refundable deposits”, “rouwkoop” and “penalty clauses” in sale of property agreements

The sale or purchase of a property is for many people one of the most important transactions that they will enter into in their lifetime....

by Brian Kahn Inc Attorneys

Deathly negligence and jail time for doctors, engineers and directors

A gynaecologist, practising in Witbank, recently received a five-year direct imprisonment sentence for negligently causing the death of a woman in labour. The sentence may...

by Pieter Conradie

Flying high at work

In September 2018 the Constitutional Court ruled that the private cultivation, possession and consumption of cannabis is legal. This ruling lead to great uncertainty from...

by VDMA Attorneys

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