Tag: Werksmans Attorneys

South Africa's construction industry is in a tough spot. Output shrank by 4.2% in 2024, capping a decade-long slide that began around 2009, with the sector's GDP contribution down over 30% since then. Like the broader economy, it is battling low growth and inflation. But as one of the nation's top carbon emitters, buildings and construction alone risk doubling emissions by 2050 without action.

South Africa’s new Code of Good Practice: Dismissal took effect, replacing the previous codes on dismissal and operational requirements. The new dismissal code, guided by the Labour Relations Act 66 of 1995 (LRA), offers employers practical guidance on handling dismissals related to misconduct, incapacity and retrenchments.

In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court upheld the enforceability of restraint of trade agreements in South African employment law. The court emphasised that these restraints must be reasonable and must protect legitimate business interests.

South Africa stands at a pivotal moment. Two months ago, the Department of Trade, Industry and Competition (DTIC) unveiled a draft Transformation Fund Concept Document. This announcement sparked a bold conversation about the future of Broad-Based Black Economic Empowerment (B-BBEE).

The tax court, in a reportable judgment handed down on 13 January 2025, considered whether raising fees are finance charges which are similar to interest, and therefore, tax-deductible on the same basis as interest.

The rapid integration and adoption of Artificial Intelligence (AI) across various industries and sectors is transforming the way businesses operate. It is driving efficiency, innovation and cost savings with its prolific progress. AI is reshaping the workplace at an unprecedented pace. It is streamlining administrative tasks and optimising complex processes.

Late last year, President Cyril Ramaphosa signed the Taxation Laws Amendment Act No. 42 of 2024. This Act introduced a significant tax incentive. The government aims to promote battery electric and hydrogen-powered vehicle production through this initiative.

Wanatu's language policy requirement for proficiency in the Afrikaans language is central to their business model, and has sparked significant debate. Wanatu operates in Centurion and Pretoria. One of Wanatu’s key value propositions, as stated on its website, is “Restoring dignity in our communities' jobs in Afrikaans” (direct translation from the website).

In National Union of Metalworkers of South Africa obo Nyawuza / PFG Building Glass [2024] 6 BALR 595 (NBCCI), the National Bargaining Council for the Chemical Industry (NBCCI) considered an unfair dismissal dispute. The dispute concerned an employee who was dismissed for misconduct after testing positive for cannabis in his system.

In recent months, SABS has faced growing scrutiny. Allegations of maladministration and mismanagement have led to a comprehensive investigation by the Department of Trade, Industry and Competition (DTIC).