Dismissals for Poor Work Performance – an Employer’s Guide.
Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).
Kim Kardashian’s Krypto Trouble Should Be A Warning To You
Reality star and businesswoman Kim Kardashian recently found herself in legal trouble in the United States after endorsing the high-risk cryptocurrency EthereumMax (“Emax”) to her millions of followers on Instagram. Since her endorsement, EMAX’s value has plummeted which led to the US Securities and Exchanges Commission bringing charges against Kim. The problem lies in the more...
Attention Entrepreneur : Venture Capitalism
You’re a starry-eyed entrepreneur or business owner with big dreams, intriguing ideas and promising growth prospects. You’ve got the potential, but you need the funding. In that case, it’s time to hook a venture capitalist or two. Before you move into the market and start networking, you need to consider things carefully and ensure that more...
A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment
In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others[1] (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants to obtain information from internet more...
2023 Amendments to the CCMA rules
The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is the first port of call for the majority of disputes concerning the employment relationship and serves not only as a forum aimed at facilitating amicable and expeditious resolutions to employment disputes but also as a court of first instance for adversarial proceedings arising between, amongst others, more...
Predatory lending and safeguards in the National Credit Act
Our director Matthew Thomson recently spoke with business and finance journalist Fiona Zerbst of JustMoney on the subject of predatory lending and the safeguards of the National Credit Act. JustMoney’s article is available at: https://www.justmoney.co.za/articles/how-to-identify-predatory-lenders/ and below: How to identify predatory lenders Disreputable, or predatory, lenders can trap you in an unsustainable debt cycle. We more...
Greylisting or Grey Hairs : new company disclosure requirements deadline 1 October 2023
Analysing the new disclosure requirements in the General Laws Amendment Act, 2022 In response to the greylisting by the Financial Action Task Force, the President has signed into law the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act to improve SA’s ability to combat money laundering and terrorist financing The Amendment Act has more...
The Ban of TikTok: The US is worried, should you be?
From 2020, TikTok has become a global social media sensation. TikTok is an app where users share short form videos of them dancing, singing, vlogging, and participating in challenges etc. However, recently, the United States, Europe, and Canada have named this app as a threat to their national security and are making efforts to ban more...
Social Media Policy – Do we really need one?
Social media is essentially the online community where your customers, partners, suppliers, and stakeholders camp out to share information, promote products and services, and exchange opinions and experiences (possibly about your organisation). As an organisation, you must recognise the limits and risks of social media, and how it can affect your brand, public image, and more...
Tax Judgments: What are they? What do I need to know?
A debt is legally enforceable when it is made an order of court. Chapter 11 of the Tax Administration Act 28 of 2011 regulates the recovery of tax by SARS. Part B thereof relates to the civil judgment procedure. Section 172 of the Tax Administration Act 28 of 2011 (“TAA”) allows SARS to obtain civil more...
Con Court Sets the Record Straight: Tax judgments can be rescinded
If a taxpayer owes money to SARS and does not pay, SARS may file a certified statement with a competent court, which will be “treated as a civil judgment” (section 174 of the Tax Administration Act 28 of 2011 (“TAA”)). Recently the Constitutional Court finally set the record straight in Barnard Labuschagne Incorporated v South more...
More transparency or more trouble? A look at the Companies Amendment Bill, 2021
If passed, the Companies Amendment Bill will be the first substantive amendment to the Companies Act since it came into force in 2011. The Bill includes a contentious requirement for large companies to disclose their executive remuneration policy to the shareholders for approval including a ratio comparing the compensation of the highest-earning employees with that more...