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If best candidate declines the job, is second best entitled to be appointed?
If best candidate declines the job, is second best entitled to be appointed?

In the arbitration between the National Union of Mineworkers obo Donald Andile Mchunu v Tronox Mineral Sands, the Commissioner had to decide whether the applicant, the second best candidate, was entitled to be appointed to a vacant position because the best candidate declined the offer.

By Jacques van Wyk 2 Jul 2019

#YouthMonth: Our future needs education, enrichment and togetherness
#YouthMonth: Our future needs education, enrichment and togetherness

As part of our #YouthMonth profiles, we chatted to Webber Wentzel's candidate attorney, Lerato Molefi about the importance of education, why it takes a village to raise a child and remembering your voice...

By Shan Radcliffe 28 Jun 2019

Image source: Gallo/Getty
Non-profit companies: get your PBO application right

There are tax benefits for registering a non-profit organisation as a public benefit organisation (PBO) with the South African Revenue Service (SARS), whether such organisation is a non-profit company, trust or association...

By Graeme Palmer 28 Jun 2019

How brand blocking regulations in South Africa could lead to further job losses
How brand blocking regulations in South Africa could lead to further job losses

A legislative trend of applying branding and marketing restrictions on alcohol, junk food and sugar is gaining traction across the world and posing a threat to some of the worlds' most famous brands...

By Ron Cregan 27 Jun 2019

#YouthMonth: Children's rights shouldn't just be words on paper...
#YouthMonth: Children's rights shouldn't just be words on paper...

As part of our Youth Month profiles, we chat to Justin Minnaar, candidate attorney at Baker McKenzie Johannesburg, about the unwritten laws of relationships, the written rights of our Constitution, and children's right to access them...

By Shan Radcliffe 25 Jun 2019

Can false allegations be grounds for dismissal?
Can false allegations be grounds for dismissal?

In the recent case of Numsa obo Baloyi and Others v O-Line (2019), the Commission for Conciliation, Arbitration and Mediation (CCMA) had to determine whether an employee who makes a false allegation of racism against another employee can be dismissed...

By Jacques van Wyk 24 Jun 2019

#YouthMonth: Remember the past, act in the present, improve the future
#YouthMonth: Remember the past, act in the present, improve the future

In celebration of Youth Month, we chatted to candidate attorney at Webber Wentzel, Luntu Quntana, who was "born in East London, bred in Johannesburg and now currently being buttered in Cape Town" about what Youth Day means to him and the changes he would like to see for future generations...

By Shan Radcliffe 21 Jun 2019

What you need to know about the Competition Act amendments
What you need to know about the Competition Act amendments

Amendments to the Competition Act were published in the Government Gazette in February 2019. These are, however, not yet in force pending the publication of a date to be proclaimed by the President. Some of the more prominent changes to the Act are as follows...

By Rishal Bipraj 12 Jun 2019

The world then and now, and how the way we protect our children needs to change
The world then and now, and how the way we protect our children needs to change

This National Child Protection Week (CPW), Google South Africa and Media Monitoring Africa hosted a roundtable putting a spotlight on the importance of online safety for children...

By Jessica Tennant 31 May 2019

To be or not to be: In writing
To be or not to be: In writing

In the recent case of Numsa obo Nomanyane and another v Grupo Antolin (Pty) Ltd, heard before the Metal Engineering Industry Bargaining Council (MEIBC), the Commissioner was tasked with determining whether a fixed-term contract of employment must be in writing or not.

By Aadil Patel 7 May 2019

Image Supplied.
Elections will come and go, but challenges in land reform will not

While land reform features prominently in manifestos of several political parties, not much detail is being provided on how individual parties plan to improve land reform and deal with the current challenges...

By Peter Setou 7 May 2019

Harvesting attention capital and reducing the risks of the frictionless workplace
Harvesting attention capital and reducing the risks of the frictionless workplace

The evolution of the flexible age means that the business world is desperate to eliminate friction, seeking to remove any obstacles that stand in the way of maximising customer satisfaction, attracting the best talent and improving operational efficiency. This desire for a frictionless environment, however, has given rise to new challenges...

By Johan Botes 30 Apr 2019

Residential estate income: What's tax exempt and what isn't?
Residential estate income: What's tax exempt and what isn't?

The levy income of a body corporate, share block or an association of persons, such as a home owners association (residential estate), is exempt from income tax. However, not all income received by a residential estate is exempt from tax, only levy income...

By Graeme Palmer 23 Apr 2019

The cost of failing to notify authorities of mergers
The cost of failing to notify authorities of mergers

The Competition Commission has sought to provide some guidance regarding the notification and implementation of mergers by publishing Guidelines for the determination of administrative penalties for failure to notify mergers and implementation of mergers contrary to the Competition Act...

By Burton Phillips 11 Apr 2019

Impimpi Alive - whistleblowing system for minimum wage defaulters
Impimpi Alive - whistleblowing system for minimum wage defaulters

The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...

By Jacques van Wyk 10 Apr 2019

How to make the digital world work for your business
How to make the digital world work for your business

We frequently hear terms such as the 'digital workplace', the 'internet of things', 'automation in the workplace' and the 'future world of work' bandied about. But what does all of this mean for your business...?

By Rosalind Davey 4 Apr 2019

PoPI, social media and influencers
PoPI, social media and influencers

What we all should know and how to make your business compliant...

By Johanna McDowell 1 Apr 2019

Risks of the virtual workplace and how to minimise them
Risks of the virtual workplace and how to minimise them

More and more businesses are expanding into a virtual world, which has advantages for employers and employees alike, but challenges and risks too...

By Rosalind Davey 7 Mar 2019

Deemed receipt of income for property developers
Deemed receipt of income for property developers

In the recent case of Milnerton Estates Limited v CSARS, the Supreme Court of Appeal had to decide whether to include the purchase price in a property developer's 2013 year of assessment...

By Graeme Palmer 25 Feb 2019

PoPI and social media
PoPI and social media

How times have changed. Social media marketing has evolved from being a bit of fun on the side to an absolute must-have for all businesses that want to remain relevant. Social media isn't just fun and games, though: it gives you access to personal information like never before. The big question is how the rules of PoPI apply when using social media for marketing and client service platforms...

By linda graham 11 Feb 2019

Gideon Gerber
Amendments to labour relations legislation - National minimum wage, parental and adoption leave

As you may have noted in recent media reports, the President of South Africa, Cyril Ramaphosa, signed the new national minimum wage statute into law effective from 1 January 2019...

By Gideon Gerber, Issued by SERR Synergy 22 Jan 2019

#BizTrends2019: Digital, data-driven biometrics
#BizTrends2019: Digital, data-driven biometrics

The global biometrics market is growing rapidly. In fact, research indicates that the global market is growing a compounded growth rate of 22.9%...

By Pine Pienaar 15 Jan 2019

#BizTrends2019: Unsettling times ahead for employee tax and take-home pay
#BizTrends2019: Unsettling times ahead for employee tax and take-home pay

The 2019 election year brings the normal risk of some tax populist decisions, including much higher social grants. This will add to the fiscus' pressure, desperate for additional tax revenues...

By Jerry Botha 10 Jan 2019

#RecruitmentFocus: What you need to know about the new National Minimum Wage Act
#RecruitmentFocus: What you need to know about the new National Minimum Wage Act

The National Minimum Wage Act came into effect on 1 January 2019, and provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission...

By Jacques van Wyk 9 Jan 2019

#BizTrends2019: 6 trends in fintech and its regulation
#BizTrends2019: 6 trends in fintech and its regulation

The South African financial sector has been waiting with bated breath for South Africa's financial regulators to map the way forward and we expect this guidance to be forthcoming early in 2019...

By David Geral 9 Jan 2019

Disagreeing to agree: Does non-compliance constitute contempt of court?
Disagreeing to agree: Does non-compliance constitute contempt of court?

Where an employer or employee fails to comply with a court order, does such failure constitute contempt of court...?

By Jacques van Wyk 8 Jan 2019

#BizTrends2019: Out with the old, in with the new!
#BizTrends2019: Out with the old, in with the new!

Large corporates and multinationals are keeping a close eye on developments from the Department of Home Affairs. 2019 promises a number of changes in the Immigration Act which will impact the way business can attract and retain expat resources...

By Marisa Jacobs 8 Jan 2019

#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019
#BizTrends2019: When it comes to gazing, crystal ball beats navel in 2019

In this age of overflowing inboxes, diaries filled with meetings sandwiched between conference calls and yet another round of performance assessments, managing time and focus requires Herculean effort...

By Johan Botes 7 Jan 2019

#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?
#RecruitmentFocus: What do we need to know about the legalities of overtime and after-hours work?

As we head into the holiday season, any number of retail and hospitality employees will be expected to work overtime during this period. So what should they, as well as HR, know about their legal rights in this regard...?

By Shan Radcliffe 23 Nov 2018

Collective bargaining agreements are valid - whether or not all employees agree
Collective bargaining agreements are valid - whether or not all employees agree

Protection of employment during business transfers is an integral piece in the employment law legal puzzle in many jurisdictions around the world...

By Johan Botes 21 Nov 2018

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