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12 February 2016
Legal Briefs
 
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11 Feb 2016
 
 
More regulatory intervention for insurers?
CLIFFE DEKKER HOFMEYR
This month a second draft of the Insurance Bill (the Bill) was tabled and now incorporates submissions made by interested parties towards the end of 2015. It is intended to be the framework...
 
 
09 Feb 2016
 
Retrenchment: is LIFO the only way to go?
CLIFFE DEKKER HOFMEYR
Can an employer use selection criteria other than last in first out (LIFO) during the retrenchment process? This was the question the Labour Court recently answered in NUMSA obo Members v Kenco...
 
 
08 Feb 2016
 
Is the OECD’s base erosion and profit shifting action plan on transfer pricing flexing the arm’s length principle’s muscles; or proposing a different pricing standard under the guise thereof?
CLIFFE DEKKER HOFMEYR
Using South Africa as our departure point, s31 of the Income Tax Act, No 58 of 1962 (Act) provides that the tax payable in respect of international transactions is to be based on the arm’s length...
 
 
03 Feb 2016
 
Clarifying jurisdictional overlaps
CLIFFE DEKKER HOFMEYR
The employee in the case of greater Tzaneen municipality v Le Grange (685/2013)[2015]ZASCA 17, entered into a fixed-term contract of employment with the appellant, the employer, in terms of which...
 
 
The Constitutional Court restricts an organ of state’s power not to award a tender
CLIFFE DEKKER HOFMEYR
This note concerns the Constitutional Court’s decision in Trencon Construction (Pty) Limited v Industrial Development Corporation of South Africa Limited and Another 2015 (5) SA 245 (CC). The...
 
 
19 Jan 2016
 
Does a possible order of reinstatement limit an employer’s discretion to fill an upgraded post in cases of restructuring?
CLIFFE DEKKER HOFMEYR
The decision to restructure a business rests with the employer especially where there are no retrenchments that arise from it. Such a discretion is only fettered by law and not by the possibility...
 
 
14 Jan 2016
 
Forfeiture as a Joint Operating Agreement default remedy in upstream petroleum operations in South Africa
CLIFFE DEKKER HOFMEYR
The Issue This article will discuss the controversial remedy of ‘forfeiture’ available to non-defaulting parties in a JOA. The forfeiture clause is the standard stalwart default remedy clause found...
 
 
12 Jan 2016
 
Employers should prepare early for public holidays and extra public holidays in 2016
CLIFFE DEKKER HOFMEYR
Employers can expect requests for additional days off on Friday, 17 June 2016 and Monday, 8 August 2016 to convert those periods into long weekends. Employers are advised to timeously make...
 
 
 
Legal Briefs
 
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