Articles

RESIGNATION TO AVOID DISCIPLINARY STEPS

It commonly happens that employees resign after receiving a Notice to attend a Disciplinary Hearing, to avoid being dismissed (and to avoid the embarrassment of going through the disciplinary hearing.) Such resignations are usually summary and with immediate effect. It hardly makes sense for an employee who wants to avoid disciplinary steps, to resign on…

NEW HOPE FOR LEGAL REPRESENTATION AT CCMA AND BARGAINING COUNCILS?

It’s been a long-standing principle of dispute resolution at the CCMA and Bargaining Councils, based on the CCMA Rules, that legal representation of any party is never allowed at conciliation or at arbitrations of unfair dismissal disputes, where the dismissal was for misconduct or incapacity, most often poor work performance. A commissioner sitting in the…

TAX ADVISORY SERVICES NOW OFFERED BY THEMIS

In addition to the specialist commercial legal services it currently provides its clients, Themis has the pleasure of announcing that since 1 August 2018 it offers an in-house tax advisory service to complement its commercial law offering. Clients need no longer seek external tax advice as part of any restructure, deal-making and implementation processes.

DECEASED ESTATE

By Sheree du Preez (Associate at Hayes Incorporated) REALISATION OF ESTATE ASSETS AND THE MANNER AND CONDITIONS OF SALE Introduction In this article we address the obligations of the executor and the rights of the heirs in an instance where estate assets, specifically immovable property in the deceased estate, have to be sold by the…

MERGERS AND ACQUISITIONS

By Amy Farish (Associate at Themis Law Chambers) MERGERS AND ACQUISITIONS: THE APPLICATION OF THE TAKEOVER REGULATIONS Introduction Company A enters into a sale of shares agreement with Company B where by Company A purchases 40% of the shareholding in Company C.

TO LITIGATE OR NOT TO LITIGATE

By Fouché Strydom (Senior Associate at Hayes Incorporated) TO LITIGATE OR NOT TO LITIGATE, WHAT ARE THE ALTERNATIVES? AN OVERVIEW OF ARBITRATION AND COURT ADMINISTERED MEDIATION AS ALTERNATIVE DISPUTE RESOLUTION MECHANISMS You’ve learnt to trust your inner voice of reason to guide you to act justly and appropriately, but when the voice of reason fades…

WORKING OVERTIME

By Venolan Naidoo (Senior Associate at Hayes Incorporated) It is a reality of business that upsurges in workflow occur from time to time. To meet such demands, an employer would require employees to work more than their ordinary working hours as governed by law. This also benefits an employee as they would be entitled to…