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20 January 2017
Legal Briefs
 
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18 Jan 2017
 
 
Does an employee in the public sector have the right to request reasons following an unsuccessful application for employment?
CLIFFE DEKKER HOFMEYR
Following two rounds of interviews which took place in September 2014 and February 2015, the Applicant in Gezani Isaac Masingi v Greater Giyani Municipality was advised that his application for the...
 
 
06 Dec 2016
 
When overtime and night work overlap, are employees entitled to transportation?
CLIFFE DEKKER HOFMEYR
Night shifts raise concerns, especially about the safety of employees and the transport available to employees who perform night work. Although section 17(2)(b) of the Basic Conditions of...
 
 
01 Dec 2016
 
A competitor’s use of rival company’s common law trademark as a keyword in google adwords advertising
CLIFFE DEKKER HOFMEYR
The recent judgment of the Supreme Court of Appeal in Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and another 2016 (6) SA 1 (SCA) deals with a competitor’s use of a rival trader’s...
 
 
Reinforcing the responsibility of broadcast media
CLIFFE DEKKER HOFMEYR
It is not often in practice that one can achieve success in a matter, as well as achieve a benefit for wider society. Very recently we have been able to do both. Broadcast media and in particular...
 
 
29 Nov 2016
 
A little extra festive cheer in employee leave calendars this year
CLIFFE DEKKER HOFMEYR
Many South Africans spend a large part of December and January on leave celebrating the holidays with friends and family. Four public holidays fall during December and January each year: 16...
 
 
Business transfers: when is enough not enough?
CLIFFE DEKKER HOFMEYR
The Constitutional Court (CC) in a majority judgment rejected, in no uncertain terms, three important arguments advanced in support of an application for leave to appeal the Labour Appeal Court...
 
 
22 Nov 2016
 
I’m leaving, no you are fired
CLIFFE DEKKER HOFMEYR
In the recent unreported case of Kalipa Mtati v KPMG Services (Pty) Ltd (Case No: J2277/16), an employee submitted two resignation letters to her employer. Her first resignation letter was...
 
 
21 Nov 2016
 
A taxpayer’s unfortunate experience with SARS
CLIFFE DEKKER HOFMEYR
On 21 October 2016 judgment was handed down by the High Court (Gauteng Division, Pretoria) in the matter of BMW South Africa (Pty) Ltd v The Commissioner of the South African Revenue Service (as...
 
 
 
Legal Briefs
 
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