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Deepening Democracy through Access to Information

Cliffe Dekker Hofmeyr

Clarifying jurisdictional overlaps

Clarifying jurisdictional overlaps

3rd February 2016 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... 

The Constitutional Court restricts an organ of state’s power not to award a tender

The Constitutional Court restricts an organ of state’s power not to award a tender

3rd February 2016 This note concerns the Constitutional Court’s decision in Trencon Construction (Pty) Limited v Industrial Development Corporation of South Africa... 

Does a possible order of reinstatement limit an employer’s discretion to fill an upgraded post in cases of restructuring?

Does a possible order of reinstatement limit an employer’s discretion to fill an upgraded post in cases of restructuring?

19th January 2016 The decision to restructure a business rests with the employer especially where there are no retrenchments that arise from it. Such a discretion is... 

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Forfeiture as a Joint Operating Agreement default remedy in upstream petroleum operations in South Africa

Forfeiture as a Joint Operating Agreement default remedy in upstream petroleum operations in South Africa

14th January 2016 The Issue This article will discuss the controversial remedy of ‘forfeiture’ available to non-defaulting parties in a JOA. The forfeiture clause is... 

Employers should prepare early for public holidays and extra public holidays in 2016

Employers should prepare early for public holidays and extra public holidays in 2016

12th January 2016 Employers can expect requests for additional days off on Friday, 17 June 2016 and Monday, 8 August 2016 to convert those periods into long... 

Claims for payment of arrear wages may prescribe sooner rather than later

Claims for payment of arrear wages may prescribe sooner rather than later

4th January 2016 The payment of arrear wages from the date of a reinstatement order until the actual date of reinstatement was recently clarified before the Labour... 

Cliffe Dekker Hofmeyr recognized as number one firm for fifth year running for most hours spent pro bono before the Labour Court

Cliffe Dekker Hofmeyr recognized as number one firm for fifth year running for most hours spent pro bono before the Labour Court

11th December 2015 Cliffe Dekker Hofmeyr (CDH) has been recognised as the law firm which spent the most hours for the public good before the Labour Court for the... 

Is there a duty to disclose previous convictions and can you dismiss an employee for not disclosing such information?

Is there a duty to disclose previous convictions and can you dismiss an employee for not disclosing such information?

8th December 2015 In the recent case before the Commission for Conciliation Mediation and Arbitration (CCMA) of Bhembe / Independent Development Trust (IDT) the... 

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