Cliffe Dekker Hofmeyr
The CCMA cannot always be at fault
13th October 2015 Who determines the nature of a dispute in arbitration proceedings? Is it up to the commissioner to decide on whether or not the real dispute falls... →
The Transport and Rail sector under review
9th October 2015 The current state of affairs within South Africa’s transport sector, specifically the rail sector, has been informed by a variety of legislative... →
The definition of ‘controlled group company’ and ‘equity share’
25th September 2015 The South African Revenue Service (SARS) released Binding Private Ruling No, 205 (Ruling) on 11 September 2015. The Ruling considers the meaning of... →
Disposal by share block company of sectional title units to its shareholders
23rd September 2015 The South African Revenue Service (SARS) released Binding Private Ruling, No 206 (Ruling) on 14 September 2015. The Ruling dealt with the disposal... →
Retrenchments – Collective agreements and the obligation to consult
22nd September 2015 Section 23(1)(d) of the Labour Relations Act, No 66 of 1995 (LRA) contemplates the extension of a collective agreement to members of a union that... →
Energy sector license and consent charges: capital or revenue?
17th September 2015 Recently two interesting cases were reported in New Zealand and Australia. The cases related to whether certain expenses incurred by taxpayers in... →
Using cost to company and overstaffing as retrenchment criteria
16th September 2015 Section 189 of the Labour Relations Act, No 66 of 1995 (Act) regulates the retrenchment of employees, with the emphasis on the retrenchment... →
Are automatic termination clauses enforceable?
15th September 2015 Due to public interest considerations, the Constitutional right to fair labour practices is entrenched in the framework of the Labour Relations... →
