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Inextricably linked contracts do not necessarily give rise to a "sameness" between them

28 Jun 2021
BY Arnaaz Camay

In the recent case of Clicks Retailers (Pty) Limited vs. Commissioner for the South African Revenue Service, the Constitutional Court had to determine whether Clicks could claim an allowance under section 24C of the Income Tax Act
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Corporate actions: drip dividends

28 Jun 2021
BY Magda Snyckers AND Michael Reifarth

In the second instalment of our series on South African tax considerations arising for residents and non-residents resulting from corporate actions in respect of South African listed shares, we deal with drip dividends.
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Electronic contracting for CIS investors and CIS managers

28 Jun 2021
BY Jessica Blumenthal , Roy Gillespie , Wilmari Strachan AND Talia Cullinan

Recently released exemption
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International Labour and Employment Compliance Handbook (ILEL) - South Africa

28 Jun 2021
BY Brian Patterson , Stuart Harrison AND Zahida Ebrahim

International Labour & Employment Compliance Handbook – Suppl. 33 (2021)
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Africa Business In Brief

issue 406 | 27 Jun 2021

issue 406
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Do employers always need to reinstate employees whose dismissal is substantively unfair?

22 Jun 2021
BY Naa’ilah Abader

In certain circumstances, employers in South Africa can dismiss employees for their conduct outside the workplace, particularly if this harms the employment relationship, such as employee performance, or when it harms the employer's reputation.
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Hefty damages and vicarious liability be careful how you handle sexual offences in the workplace

22 Jun 2021
BY Jayson Kent

EEA provides potential remedies to an employee that has been subjected to unfair discrimination equal to, or perhaps more far-reaching, than those provided by common law delictual claims.
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Climate change litigation is hotting up

22 Jun 2021
BY Stephen Levetan AND Njabulo Mchunu

In this article we shall deal with these recent decisions as well as with a South African case that has been argued but in respect of which judgement is still pending.
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Lessons from abroad: constructive dismissal, remote working and health and safety concerns

22 Jun 2021
BY Brian Patterson AND Jessie Moore

With the third wave of COVID-19 in full swing in South Africa, it has never been more important for South African employers to anticipate and prepare for the various COVID-19 related disputes that may lie ahead.
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POPIA is (still) definitely coming into effect on 1 July 2021

POPIA is (still) definitely coming into effect on 1 July 2021 | 22 Jun 2021
BY Era Gunning , Rakhee Dullabh , Nicole Gabryk AND Wilmari Strachan

There has been much confusion and misinformation circulating regarding the effective date of the Protection of Personal Act, 2013 (“POPIA”).
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Africa Business In Brief

issue 405 | 20 Jun 2021

issue 405
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Ground breaking Mauritian decision made on domestic court intervention in international arbitration awards 

16 Jun 2021
BY Natasha Behary Paray , Maxime Sauzier , Shrivan Dabee AND Thierry Koenig

JCPC has handed down an important decision on the issue of “illegality” being raised to set aside and resist enforcement of an arbitral award, upon an appeal from the Supreme Court of Mauritius. 
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Can someone in a learnership agreement refer a dispute to the CCMA?

15 Jun 2021

The South African Labour Court recently dealt with the status of a person who had concluded a learnership agreement and the ability of that person to refer a dispute to the CCMA.
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21-day deadline to comply with new vaccination guidelines

15 Jun 2021
BY Lauren Salt AND Jessie Moore

Employers are encouraged to conduct their risk assessments within the 21-day deadline and, where applicable, prepare their vaccination plan.
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Does a business rescue plan impact the liability of surety for debt?

15 Jun 2021
BY Aslam Moosajee AND Helena Graham

The key issue in a recent case was whether the Companies Act, 2008 extinguishes the liability of a surety for the debt of a company after a business rescue plan has been implemented.
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