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Preparing for a CCMA arbitration by Waseem Hussain

INTRODUCTION   The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is an independent body that aims to promote fair labour practices by resolving labour disputes between employees and employers under the Labour Relations Act (LRA). The commissioner’s role is to try to resolve a dispute referred to it by conciliation, within thirty (30) days of it …

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Termination of an employment relationship by agreement: Implications for unemployment benefits by Bianca du Toit

The manner of and reasons for termination of an employment relationship will determine the rights and obligations of the parties under the Unemployment Insurance Act 63 of 2001 (“UIA”) and this requires furnishing correct information under the UIA. Failing to do so may have serious consequences for both parties. Termination of an employment relationship may …

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Employee share incentive schemes – Income tax implications by Stacy-Lee Dennis

INTRODUCTION It is important for taxpayers who claim deductions in respect of contributions to share incentive arrangements for employees, particularly where trusts are involved, to consider the potential impact of Commissioner for The South African Revenue Service v Spur Group (Pty) Ltd (the Spur Case). Section 95(1)(c) of the Companies Act 71 of 2008 (“Companies …

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Do Employees Have a Right to a Pre-Suspension Hearing? by Wasseem Hussain Goolam

The recent Constitutional Court judgment in Allan Long v South African Breweries (CCT61/18) [2019] ZACC 7 (19 February 2019) provides clarity on the law relating to the suspension of an employee. Mr Long was employed by South African Breweries (“SAB”), as a district manager. SAB informed him about certain irregularities concerning the vehicle fleet under …

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