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Contract’s sanctity must balance with dignity & equality principles

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The applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals.

Defying CCMA judgement can cost employers millions

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The Johannesburg Labour Court has sent a clear message that defying court orders will not be tolerated. In a recent decision, Magnus Loubser, a director at Spar in Polofields Crossing, Midrand, was fined R1 million for contempt of court for refusing to reinstate a worker who was unfairly dismissed.

Unpacking the contempt of court process

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Many litigants often find that getting recourse at court only partially resolves all issues between them. It usually calls for referring the matter back even after it was concluded and is typically where a contempt of court application would follow.

Judge’s order strikes down law needed to implement NHI!

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In June 2022, the Pretoria High Court declared the certificate-of-need (CON) provisions in the 2003 National Health Act to be invalid. Although this matter has received little attention in the press, the implications are far reaching for government’s proposed health reforms.

Can employers withhold a pension?

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The law is clear about how pension pay-outs are handled, and the circumstances that can prevent them. The Pension Funds Act offers employers and employees with clear insights and guidelines around how retirement funds are paid out, and what processes need to be followed in the event of a dispute.

The ethical implications of employee tracking

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It’s been a stark and dramatic change in work environment and responsibility. People are working from kitchen counters, home studies and lounge suites. They’re waking up and heading into the virtual office in pyjamas. The world is online, and organisations that resisted remote working for years are living out their worst fears – will the work get done? Will the employee deliver? How do I know they’re not watching Netflix?

Winding up under the new and old Companies Acts

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The recent Supreme Court case of Murray NO and others v African Global Holdings (Pty) Ltd concerned the group of companies known as the Bosasa Group, which has received much scrutiny under the Zondo Commission into State Capture.

How the Joint Proposal on payroll deductions affects your payroll

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The South African Reserve Bank and National Treasury have become aware of an increase in payroll deductions in recent years. Stakeholders were engaged to create a regulatory framework to govern payroll deductions and the resulting proposal has led to three very limited options on how companies can govern employees’ payroll deductions.

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