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Saturday, August 18, 2018

Asbestos | law and insurance

Built environment professionals are becoming increasingly aware of their roles and responsibilities set out in terms of legislation. The legal and insurance implications for work done where asbestos is used or was used is far-reaching and requires adequate consideration and attention to detail.

JUDGEMENT | Labour brokers – at last some certainty

Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.

FICA amendments impact South African Accountable Institutions

The Financial Intelligence Centre Act, No 38 of 2001 (FICA) is a piece of legislation introduced in South Africa to combat money laundering and the financing of terrorism (MLFT).

Will your next lawyer be a machine?

As with any other profession, artificial intelligence (AI) has lawyers wondering how it will disrupt theirs. Unlike the lift operator, AI is not set to replace lawyers (just yet), but rather to increase performance and enhance client service. 

TAX JUDGEMENT | Revocation of tax compliance status

A recent judgment handed down in the Pretoria High Court last month highlights SARS’s intransigence when applying certain aspects of the Tax Administration Act, 28 of 2011 (the TAA).

Don’t doctor sick notes!

In business and labour, sick notes are of utmost importance, they play a far bigger role in effective HR management than many realise. Misunderstanding of the basic function of the sick note can lead to problems in terms of people management.

The sharing economy – Labour Law unintended consequences

The sharing economy (i.e. the community based on-line market) continues to expand at a rapid pace throughout a broad range of industries with Uber and Taxify dominating the taxi/ private vehicle hiring industry and Airbnb now the largest hotel accommodation and hospitality service in the world.

Protection of Investment Act becomes law and may deter foreign investment

President Cyril Ramaphosa activated the controversial Investment Act 22 of 2015, by publication of a notice in the Government Gazette, on Friday 13 July.

Does promotion nullify an original restraint of trade?

The Labour Court in South Africa recently considered whether a promotion nullified an original restraint of trade and other novel arguments raised by an employee who wanted to escape liability under a restrictive covenant contained in his employment contract.

National Minimum Wage Bill (NMW) | analysis and impact

The National Minimum Wage (NMW) Bill has been passed by the National Assembly and sent for concurrence to the National Council of Provinces. The implementation date of the NMW Bill will be announced after the National Council of Provinces (NCOP's) select committee considers the NMW Bill. The NMW legislation is intended to provide for a national minimum wage; to establish a National Minimum Wage Commission; to review and annually adjust the national minimum wage and provide for exemption from paying the national minimum wage.
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