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28 September 2016
Legal Briefs
 
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20 Sep 2016
 
 
Oh no! More employment regulation
CLIFFE DEKKER HOFMEYR
Recently, in the case of AMCU and Others v Buffalo Coal Dundee (Pty) Ltd and Another (JA42/2015) [2016], the Labour Appeal Court held that where a mining rights holder is not the employer it too...
 
 
16 Sep 2016
 
Guidance from the UK for South African insurers regarding fraudulent claims
CLIFFE DEKKER HOFMEYR
The Hayward v Zurich Insurance Company PLC 2015 decision by the England and Wales Court of Appeal relating to insurance fraud has now been overturned on appeal by the UK Supreme Court. This appeal...
 
 
Validity of emoluments attachment orders: the next exciting instalment
CLIFFE DEKKER HOFMEYR
The Constitutional Court has ruled that, with effect from 13 September 2016, no emoluments attachment order may be issued unless the court has authorised the issuing of such order after satisfying...
 
 
13 Sep 2016
 
Dismissing an employee without evidence of a breakdown of trust
CLIFFE DEKKER HOFMEYR
The nature and seriousness of misconduct can be enough to infer the breakdown of the trust relationship without evidence being led to prove the breakdown. In Easi Access Rental (Pty) Ltd v...
 
 
06 Sep 2016
 
Can a chairperson in a disciplinary appeal impose a more severe sanction?
CLIFFE DEKKER HOFMEYR
Employers sometimes underestimate the importance of their disciplinary code and procedure as it is often regarded as a mere guideline. However, employers often miss out on the opportunity to...
 
 
05 Sep 2016
 
The European Commission upsets the Apple cart
CLIFFE DEKKER HOFMEYR
On 30 August 2016, the European Commission (EC) issued a press release in which it announced that Ireland, a member of the European Union (EU), gave illegal tax benefits to certain companies in the...
 
 
02 Sep 2016
 
Challenges, opportunities and road ahead for International Arbitration in BRICS
CLIFFE DEKKER HOFMEYR
On 27 August 2016, the Conference on International Arbitration in BRICS: Challenges, Opportunities and Road Ahead took place in New Delhi, India. The conference was initiated by the Indian...
 
 
30 Aug 2016
 
Clear-cut evidence in a not-so-clear-cut situation: when usually inadmissible hearsay evidence should be weighted as prima facie admissible evidence
CLIFFE DEKKER HOFMEYR
When approaching any form of legal proceedings, all parties have to regard and adequately consider what they will use to prove their version of events. In the case of labour disputes, an employer...
 
 
 
Legal Briefs
 
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