Cliffe Dekker Hofmeyr
Retrenchment: is LIFO the only way to go?
9th February 2016 Can an employer use selection criteria other than last in first out (LIFO) during the retrenchment process? This was the question the Labour Court... →
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?
8th February 2016 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... →
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
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?
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... →
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
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
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... →
