Tag: dispute resolution

It is particularly costly for small businesses in South Africa to access justice. Without access to justice, these businesses cannot resolve important disputes or see their rights or interests vindicated in a legally recognised fashion. There are certain things Parliament can do to make the courts accessible to small enterprises.

The financial services dispute resolution landscape is being radically reshaped to ensure a consistent framework across the financial services sector whilst providing for quick and cost-efficient review of an aggrieved party’s grievance. Along with the proposed amendments is a name change for our office, which will be renamed the 'Retirement Funds Ombud'

The Office of the Pension Funds Adjudicator (OPFA) is a statutory body established to resolve disputes in a procedurally fair, economical and expeditious manner. The adjudicator's office investigates and determines complaints of abuse of power, maladministration, disputes of fact or law and employer dereliction of duty in respect of pension funds.

The 2022 Tax Season has started and taxpayers need to be cognisant of their tax compliance and if any outstanding debt is owed to the South African Revenue Service (SARS). As a practice, we are seeing SARS continue to aggressively follow collection steps against taxpayers with outstanding tax debt.

In a recent Tax Court Judgment handed down on 25 February 2022, the court found in favour of an unnamed taxpayer, admonishing South African Revenue Service (SARS) for their persistent disregard for the time limits prescribed in the rules promulgated under Section 103 of the Tax Administration Act, 28 of 2011 (the Rules).

We know that through effective delegation, team members will grow in confidence and both they, and your business, will benefit in the long run. Most delegation interventions end with an agreement to follow up on the designated tasks.

The pandemic brought with it a slew of realisations for business owners, one such an epiphany is how most organisations need fewer employees to remain functional. But using COVID-19 as a reason for retrenching a surplus of employees constitutes as unfair dismissal.

While a tax judgment may have all the effects of a judgment, it is not a judgment in the ordinary sense, but rather an enforcement mechanism for the recovery of tax. If a person has an outstanding tax debt, SARS may, after giving at least 10 business days’ notice, file with the court’s registrar a certified statement setting out the amount of tax payable.The effect of such filing is that it must be treated as a civil judgment lawfully given in favour of SARS for a liquid debt for the amount specified in the statement.

Consumer concerns related to COVID-19 including fears of being infected by the coronavirus while attending to their banking matters and stress related to debt issues have come to our attention. In response to President Ramaphosa’s address on the measures to contain the spread of the coronavirus, we urge consumers to remain calm and to follow the stringent measures in place to protect both themselves and their families. 

With more than a third of employees reporting acts of bullying in the workplace, this has become a significant issue in South Africa that negatively impacts teamwork and morale. I discuss what bullying entails and the precautions companies can take against this form of abuse.