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  • Article

    Automation, Restructuring And Fairness - Staging AI Adoption Under The LRA

    MIT's State of AI in Business 2025 report should temper any rush to restructure workforces around artificial intelligence. Headcount reductions based on assumptions of immediate, sweeping efficiency gains reflect poor risk management.
    South AfricaTechnology
    Webber Wentzel
    Webber Wentzel
  • Article

    How To "suspend" An Executive Director

    Our most essential roles on the board level often involve an executive director. Being an Executive Director means that the Company engages this person as both an employee and a board member.
    South AfricaCorporate/Commercial Law
    SchoemanLaw Inc.
    SchoemanLaw Inc.
Article

Sales Of Going Concerns Part II

In the previous article we looked at the requirements to structure a sale as the sale of a going concern for purposes of Value Added Tax.
South AfricaCorporate/Commercial Law
Smith Tabata Buchanan Boyes
Smith Tabata Buchanan Boyes
  • Article

    Are Employers Permitted To Scrutinise A Prospective Employee's Criminal And Credit History?

    During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Can A Restraint Of Trade Agreement Be Enforced In The Face Of A 'Full And Final' Settlement Agreement?

    This was the question which confronted the Labour Appeal Court in Wheelwright v CP de Leeuw Johannesburg (Pty) Ltd. In the case, the parties reached an agreement at the CCMA...
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?

    Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, "yes".
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Moving Forward With An Applicable Action Plan And Timeline

    This article continues on our Monday article titled A Blueprint for Workplace Success in South Africa for Employers and Employees Alike, where we will provide an applicable timeline...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Non-Employers May Approach The Labour Court For Interdictory Relief Against Unregistered Trade Unions

    In the recent matter of Vodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Struck Out | When A Union Fails To Give A Valid Strike Notice

    In the matter Road Accident Fund v National Union of Metalworkers of SA Others the Labour Court highlights the technical nature of strike action and the consequences which may follow
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    What Factors Do Arbitrators Consider When Determining Whether A Sanction Is Appropriate?

    In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    When Can An Employer Substitute The Sanction Of A Disciplinary Chairperson?

    Arcelormittal South Africa ("AMSA") employed the employees as plant shop stewards.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Court Judgment Sends A Strong Message To Unions And CCMA Commissioners Ahead Of The New Year

    In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation...
    South AfricaInsolvency/Bankruptcy/Re-Structuring
    ENS
    ENS
  • Article

    What The Status Of The Legal System Tells Us About The Economy

    The question is often posed as to the correlation between access to justice and the economic health of a community, society and country.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    WINDS OF CHANGE: A Closer Look At The Amendments To The Employment Equity Act 55 Of 1998

    The Employment Equity Act 55 of 1998 ("the Act") is primarily intended to promote the right to equality in the workplace, ensuring that all employees enjoy equal opportunities and are treated equally by their employers...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    Supplier Development Fund Condition Finalised

    Judge Dennis Davis, President of the Competition Appeal Court (the "CAC"), today handed down judgment detailing the final condition applicable to the Massmart Holdings Limited ("Massmart") and Walmart Stores Inc. ("Walmart") merger (namely the condition relating to the establishment of a supplier development programme).
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    COVID-19: Regulations And The Workplace

    A brief overview of some of the State of Disaster and Lockdown regulations, and their implications for the workplace.
    South AfricaCoronavirus (COVID-19)
    Tabacks
    Tabacks
  • Article

    A Claim For Equal Benefits For Parents Of Newborn Or Adopted Children.

    The High Court handed down a judgment in the case of Van Wyk and others v Minister of Employment and Labour and others scrutinising certain provisions...
    South AfricaEmployment and HR
    Fairbridges
    Fairbridges
  • Article

    A Guide To Employers' Tax Obligations After Damage To Their Premises

    The recent looting and damage to businesses in KwaZulu-Natal and Gauteng has had a devastating impact on many businesses, both small and large.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Advocacy In South Africa - The Myth Of 16 Days Of Activism

    There is no doubt that gender inequality lies at the heart of most of the problems in our society. It is foundational to violence and abuse of women which is the focus of the 16 days of Activism.
    South AfricaEmployment and HR
    Fasken
    Fasken
  • Article

    An Employee Does Not Have To Be Caught Red-handed In An Act Of Misconduct To Be Found Culpable

    A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted.
    South AfricaEmployment and HR
    ENS
    ENS
  • Showing 481–500 of 586 results

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