Tag: Baker McKenzie

On 22 May 2019, the President assented to the Carbon Tax Act, 15 of 2019 (Carbon Tax Act), effective from 1 June 2019. The Carbon Tax Act has been implemented as part of South Africa's commitments under the Paris Agreement as a means to reduce greenhouse gas emissions and the challenges of climate change.

Anton Piller orders are used to ensure that crucial evidence is preserved so that it can be used in judicial proceedings. Anton Piller orders are obtained without notice to the respondent (i.e. ex parte) due to the risk that such evidence will either be concealed or destroyed. As such, the Anton Piller is considered to be an extraordinary remedy.

An often misunderstood issue among entrepreneurs is the muddled duties of individuals who act in the roles of shareholder, director and employee. The court recently assisted to untangle these issues.

There are a number of unfair stereotypes regarding mediation. For example, many believe that it is only appropriate for family law disputes or that it is akin to therapy where parties are required to talk about their feelings rather than dealing with the substances of a dispute.

On 13 February 2019, the Minister of the Department of Public Services and Administration in South Africa (the Department) released a media statement, causing some unease amongst the general public.

There has been a lot of hype around the proposed National Health Insurance Bill, 2018 (NHI Bill) and the numerous implications for South African citizens. Little has been said, however, about how the NHI Bill will impact on the provision of medical aid benefits in the employee context.

Do employees automatically transfer from an old service provider to a new service provider when the client replaces the one with the other? The Labour Appeal Court (LAC) recently engaged low gear to provide proper traction on the automatic transfer of employees.

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.

South Africa’s Employment Equity Act (EEA) contains a number of anti-discrimination provisions, as well as mechanisms for employers to collect, analyse, plan and report on employment equity information. The mechanisms however, do not cater for those employees who do not identify with being either male or female.

The Labour Court delivered its judgment in the matter of SATAWU and Others v Sihlangene Security & Cleaning CC and Another, whereby the court showed its displeasure for a complete absence of prior procedure followed when dismissing employees. This judgment offers a stern reminder to employers to ensure that dismissals are effected not only for a fair reason, but also in accordance with a fair procedure. Failure to do so may result in a hefty compensation award coupled with a cost order.