Tag: Cliffe Dekker Hofmeyr (CDH)
Bonuses during protected strikes – understanding the legal position
Can employers pay bonuses to non-strikers during a protected strike? During a protected strike, tensions rise and both sides make difficult choices. This Alert explores the legal position by examining Solidarity obo C J Arendse and 38 Others vs Heineken Beverages (Pty) Ltd, a recent Labour Court judgment.
Workplace protection balance – rights, risk and responsibility
Since the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Code) came into effect, harassment claims have increased. These include sexual harassment, racial discrimination and gender-based bullying. They also include harassment based on arbitrary or prohibited grounds.
Delinquency – the corporate reckoning of directors
The Supreme Court of Appeal’s (SCA) decision in Msibithi Investments and Others v African Legend Investment and Others [2025] ZASCA 61 is a clear reminder that the power to declare a director delinquent under section 162 of the Companies Act 71 of 2008 (Companies Act) has real teeth.
South African rail shifts its gears toward privatisation
Recent months have seen significant movement in South Africa’s rail sector. Developments include early stages of rail privatisation and the domestication of the Luxembourg Rail Protocol (Luxembourg Protocol). South African rail shifts its gears toward privatisation as the government accelerates regulatory and commercial changes.
Employment of foreigners – cabinet approves key aspects
Cabinet announced on 28 May 2025 that it has approved both the National Labour Migration Policy (NLMP) 2025 White Paper and the Employment Services Amendment Bill, 2021 (ESAB). These will now proceed to implementation and submission to Parliament.
Religion and workplace demands – employers must be crystal clear
In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.
Legal ethics and AI – avoiding fake case citations
As Artificial Intelligence (AI) continues to transform almost every aspect of modern life, including legal research, a recent High Court judgment again showed just how perilous blind reliance on AI can be. By citing non-existent case authorities, likely generated by AI, an attorney’s firm landed in hot water, racking up costs and facing a referral to the Legal Practice Council.
