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Asset for share transactions – beware of selling your shares within 18 months ...
To prevent tax considerations from discouraging the incorporation of a business, a specific form of ‘rollover relief’ is available when an asset i...
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A new era dawns – criminalisation of cartel conduct
On 22 April 2016, a Presidential Proclamation (“Proclamation”) appeared in the Government Gazette which confirmed that the provisions contained ...
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The employer’s responsibility during the transfer of an employee
Senne and others v Fleet Africa [2016] ZALCJHB 48 ISSUE One of the automatic consequences of a transfer in terms of section 197 of the Labour Relation...
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Contracts of temporary employment services employees
National Union of Metalworkers of South Africa obo Nkala and others v Durpo Workforce Solutions [2016] 3 BALR 229 (MEIBC) ISSUE Whether the contracts ...
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SCA judgments: Capstone & Kluh
In our November 2014 edition of Legalwerks, we discussed the decisions of the Full Bench of the High Court of the Western Cape regarding the capital o...
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Remuneration of employees in different provinces
Duma v Minister of Correctional Services & others ISSUE Whether the failure to pay an employee in one province the same remuneration as employees ...
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Non-striking employees not to be locked out: limitations of the employer’s...
Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC On 8 March 2016, in the case of Transport and Allied Workers Union of S...
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Criminalisation of cartels: a potential cure with side effects
Competition authorities particularly in the United Kingdom, the United States and Australia have enacted and entrenched criminal penalties for cartel ...