Tag: Cliffe Dekker Hofmeyr Inc (CDH)

Given the ever-changing landscape of the past two years, the adage that nothing is certain except death and taxes is perhaps more apposite than ever. Whilst it may appear that a semblance of normality is returning, its almost as certain as death and taxes, that remote working will be a part of the next normal.

In 2021 amendments were proposed relating to section 20 of the Income Tax Act 58 of 1962 to limit corporate taxpayers’ ability to utilise assessed losses carried forward to 80% of the value of such assessed losses in a given year of assessment.

With the ravages of COVID-19 since early 2020, has come a rise in employees in full time employment taking on a ‘side hustle’ to supplement income. Further to this, remote working provides employees with a great opportunity to engage in secondary jobs, especially where once being at the office may have been a hindrance.

The removal of a director, by way of the shareholders’ inherent right to do so by an ordinary resolution, (section 71 of the Companies Act 2008) is the typical initial go-to remedy when a breakdown in the relationship amongst shareholders and directors arise.

Are employers obliged to grant employees leave over the holiday period where they have exhausted sick leave provisions due to COVID-19 infection or exposure? Employers have dedicated much of the year to implementing adequate health and safety measures in the workplace, including placing employees on paid sick leave at the onset of COVID-19 symptoms or following exposure to the virus.

The prohibition of religious, cultural, or political clothing and other symbols in the workplace is not a new topic facing employers in South Africa, but can this be a justifiable basis for discrimination in a post-COVID-19 return to work process?

On Friday, 11 June 2021, the Department of Employment and Labour issued an updated Occupational Health and Safety Directive which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy subject to specific guidelines.

As with any change in life, the longer it persists, the more we relax into it in order to find some sense of normalcy to continue with our lives. But relaxing into COVID-19 and becoming blasé about protocol is simply not an option until we have achieved immunity as a nation.

An interview with Michael Yeates, Director Employment Practice, Cliffe Dekker Hofmeyr, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the relief and assistance for employers and employees as a result of the COVID-19 pandemic.

The Department of Employment and Labour has recently provided much needed guidance in respect of questions which employers have been grappling with since President Ramaphosa's declaration of a National State of Disaster on Sunday 15 March 2020.