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Cliffe Dekker Hofmeyr

Supreme Court of Appeal clarifies Public Protector’s role

Supreme Court of Appeal clarifies Public Protector’s role

13th October 2015 On 8 October 2015, in a unanimous judgment, the Supreme Court of Appeal (SCA) dismissed the appeal brought by Mr Hlaudi Motsoeneng, the SABC and... 

Strike Diaries for the Department – Why is it important to complete a LRA form 9.2?

Strike Diaries for the Department – Why is it important to complete a LRA form 9.2?

13th October 2015 In terms of s205(3)(a) of the Labour Relations Act, No 66 of 1995 (LRA), an employer must record details of strike, lockout or protest action in... 

The CCMA cannot always be at fault

The CCMA cannot always be at fault

13th October 2015 Who determines the nature of a dispute in arbitration proceedings? Is it up to the commissioner to decide on whether or not the real dispute falls... 

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The Transport and Rail sector under review

The Transport and Rail sector under review

9th October 2015 The current state of affairs within South Africa’s transport sector, specifically the rail sector, has been informed by a variety of legislative... 

The definition of ‘controlled group company’ and ‘equity share’

The definition of ‘controlled group company’ and ‘equity share’

25th September 2015 The South African Revenue Service (SARS) released Binding Private Ruling No, 205 (Ruling) on 11 September 2015. The Ruling considers the meaning of... 

Disposal by share block company of sectional title units to its shareholders

Disposal by share block company of sectional title units to its shareholders

23rd September 2015 The South African Revenue Service (SARS) released Binding Private Ruling, No 206 (Ruling) on 14 September 2015. The Ruling dealt with the disposal... 

Retrenchments – Collective agreements and the obligation to consult

Retrenchments – Collective agreements and the obligation to consult

22nd September 2015 Section 23(1)(d) of the Labour Relations Act, No 66 of 1995 (LRA) contemplates the extension of a collective agreement to members of a union that... 

Energy sector license and consent charges: capital or revenue?

Energy sector license and consent charges: capital or revenue?

17th September 2015 Recently two interesting cases were reported in New Zealand and Australia. The cases related to whether certain expenses incurred by taxpayers in... 

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