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Boris Dzhingarov
Why are medical lawsuits so controversial?

If you suffer from serious side effects after taking a new medication, or your physician is negligent, it is only natural that you would want some form of compensation for your injuries...

By Boris Dzhingarov, Issued by Monetary Library 2 days ago

Taxing foreign sport players, entertainers
Taxing foreign sport players, entertainers

Sections of the Income Tax Act provides for the taxation of foreign sportspersons, such as the professional athletes competing in races like the up-coming Comrades...

By Graeme Palmer 24 May 2016

CCMA cases increase, giving rise to careful consideration on retrenchment
CCMA cases increase, giving rise to careful consideration on retrenchment

According to the CCMA, it has around 687 cases a day, which represents an increase of almost 23% over the past five years...

By Aadil Patel 18 May 2016

Virgin Active's 'Get off your ass' ads not offensive - ASA
Virgin Active's 'Get off your ass' ads not offensive - ASA

The Advertising Standards Authority (ASA) has ruled that the use of 'ass' in Virgin Active's television commercials is not offensive and the group may continue to use the word in its advertising...

By Gaelyn Scott 18 May 2016

Class action could suck the breath out of the mining industry
Class action could suck the breath out of the mining industry

Although any sort of outcome is still years off, the high court ruling on the silicosis class action will no doubt have mining houses panicked...

By Nicci Botha 16 May 2016

[Case files] A curious case of arson
[Case files] A curious case of arson

There is nothing more frustrating for an insurer than having a suspicion of insurance fraud, but not having sufficient evidence to prove it...

By Sharon Snell 13 May 2016

Tech investors scared away by strict regulatory policy
Tech investors scared away by strict regulatory policy

Overly strict regulatory policy can inhibit investment in internet companies, with governments in emerging markets needing to ensure policy does not put off tech investors...

By Tom Jackson 11 May 2016

Criminal sanctions for cartels
Criminal sanctions for cartels

As of 1 May 2016, the Competition Amendment Act (2009) comes into effect and one of its provisions makes cartel conduct a criminal offence...

By Albert Aukema 26 Apr 2016

Understanding the legalities of overtime
Understanding the legalities of overtime

The Basic Conditions of Employment Act sets out some clear, realistic laws governing overtime that all employers must heed. This legislation does a good job of balancing the rights of employees and the needs of businesses to avoid contention between employers and employees...

By Madelein Taljaard (van der Watt) 21 Apr 2016

Treasury calls for public comments on special voluntary disclosure programme
Treasury calls for public comments on special voluntary disclosure programme

On 12 April 2016, the National Treasury released a media statement in which the public is requested to make formal submissions on draft legislation that sets out the legal framework of the special voluntary disclosure programme (VDP) by 29 April 2016...

By Heinrich Louw 18 Apr 2016

Boris Dzhingarov
Primary factors that influence paralegal salaries

If you take a look at the paralegal salaries that different professionals have in different parts of the world, you will notice that the variations can be quite high...

By Boris Dzhingarov, Issued by Monetary Library 5 Apr 2016

Johns Hopkins performs first HIV+ liver transplant
Johns Hopkins performs first HIV+ liver transplant

The first positive-to-positive liver transplant has been performed successfully at Johns Hopkins...

By Nicci Botha 31 Mar 2016

Upsetting the healthcare apple cart
Upsetting the healthcare apple cart

The SA healthcare industry is in a state of flux, especially around NHI and the Competition Commission probe into private healthcare costs...

By Nicci Botha 30 Mar 2016

Judgement on VAT treatment of student accommodation
Judgement on VAT treatment of student accommodation

In a recent, unreported case, the High Court (Gauteng Division, Pretoria) Respublica v Commissioner for the South African Revenue Service ruled on the value-added tax (VAT) treatment of the lease of a building to a university for purposes of student accommodation...

By Heinrich Louw 29 Mar 2016

Constitutional Court rules against lockouts
Constitutional Court rules against lockouts

In the case of the Transport and Allied Workers Union of South Africa (TAWUSA) vs Putco, the Constitutional Court has ruled that the Labour Relations Act does not permit an employer to lockout the members of a trade union that are not a party to a bargaining council, where the dispute has arisen and has been referred for conciliation...

By Aadil Patel 15 Mar 2016

Boris Dzhingarov
Overtime lawsuit - A basic guide

The Fair Labor Standards Act or FLSA is the federal law that deals with cases of unpaid overtime work. If you want to file an unpaid overtime lawsuit, you must be able to prove three things...

By Boris Dzhingarov, Issued by Monetary Library 7 Mar 2016

Beware the interest free shareholder loan
Beware the interest free shareholder loan

Companies often lend funds to their shareholders, for a variety of reasons, and are often referred to as debit loans. However, if a loan is made to a shareholder at a low interest rate or interest free, it may trigger dividends tax...

By Graeme Palmer 1 Mar 2016

Five budget speech highlights you may have missed
Five budget speech highlights you may have missed

Finance Minister Pravin Gordhan did an admirable job of balancing South Africa's books in his 2016 Budget, by providing a sound framework for the next year...

By Rob Cooper 29 Feb 2016

Boris Dzhingarov
How to successfully present your claim in cases of employment discrimination?

Although we are living in a digital age, the fact is that discrimination in the workplace is still present. Employment discrimination makes a work atmosphere in which the employees are exposed to discrimination...

By Boris Dzhingarov, Issued by Monetary Library 26 Feb 2016

What a social media crisis did for Hart and the Bank
What a social media crisis did for Hart and the Bank

On 3 January this year, prolific Twitter user Chris Hart went quiet. From May 2009 until then he had tweeted nearly 33,000 times. If he had been writing books instead, he would have written 2,566 pages...

By Walter Pike 23 Feb 2016

Disciplining employees for off duty misconduct
Disciplining employees for off duty misconduct

While many employers have social media policies in place, the extent to which these policies can be relied upon to justify disciplinary action taken against an employee will depend largely on, among other things, whether the employee knew or ought reasonably to have known about the policy...

By Rosalind Davey 16 Feb 2016

Carbon tax: priority air pollutants declared
Carbon tax: priority air pollutants declared

The Department of Environmental Affairs published two draft notices, most recently in January 2016, in which priority air pollutants have been declared, in terms of the Draft Carbon Tax Bill, 2015...

By Helen Dagut 12 Feb 2016

Can a new owner be liable for old owner's municipal debts?
Can a new owner be liable for old owner's municipal debts?

A judgement by the Supreme Court of Appeal in City of Tshwane Metropolitan Municipality v PJ Mitchell, on 29 January 2016, has opened the way for municipalities to take legal action against a present owner of a property for debts owed to it by former owners...

By Chantelle Gladwin 10 Feb 2016

Court rules that SARS must present all the facts in preservation orders
Court rules that SARS must present all the facts in preservation orders

In The Commissioner for the South African Revenue Service v Sunflower Distributors CC and Others, the court had to decide whether a provisional preservation order granted in favour of the South African Revenue Service (SARS) should be made final.

By Heinrich Louw 3 Feb 2016

Retirement reforms in best interest of employees
Retirement reforms in best interest of employees

Payroll administrators need to start preparing their business systems, processes and workforces for the implementation of the National Treasury's long-awaited retirement reforms...

By Rob Cooper 2 Feb 2016

Estate duty implications for non-resident investors
Estate duty implications for non-resident investors

A new SARS Ruling, Binding Private Ruling 217 deals with the estate duty implications for non-resident individual investors - the key issue being how certain sections of the Estate Duty Act (EDA) would apply...

By Heinrich Louw 28 Jan 2016

Fiona Leppan
Retaining employment position after business restructuring

The decision to restructure a business rests with the employer, especially where there are no retrenchments that arise from it. Such discretion is only fettered by law and not by the possibility of reinstatement in cases pending during the time of the restructuring...

By Fiona Leppan 21 Jan 2016

Ruling on prescription of arrear wage claims
Ruling on prescription of arrear wage claims

Claims for payment of arrear wages may prescribe sooner rather than later following a Labour Appeal Court judgement on the payment of arrear wages...

By Aadil Patel 11 Jan 2016

Review of 2015 tax amendments
Review of 2015 tax amendments

The President has not yet signed the Taxation Laws Amendment Act, 2015 and the Tax Administration Laws Amendment Act, 2015, both passed by Parliament, but the number and scope of the changes to the various fiscal Acts (mainly the Income Tax Act, 1962 [the Act] and the Value-Added Tax Act, 1991) are relatively limited...

By Ernest Mazansky 17 Dec 2015

Contractual consistency is key in employee polygraph tests
Contractual consistency is key in employee polygraph tests

Is an employer entitled to dismiss employees for refusing to undergo a polygraph test when such employees are contractually obligated to submit to a polygraph upon request by the employer and does this request amount to singling out certain employees from others who are not so contractually obliged...?

By Jacques van Wyk 14 Dec 2015

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