Brian Kahn Inc

Can employees be dismissed for WhatsApp messages?

How widely and consistently do you use WhatsApp in your workplace? Do you have WhatsApp groups designated for work purposes? Can you freely express your opinion on certain topics while in those WhatsApp groups? Given the social media era that has dawned within the workplace, a crucial question that needs to be addressed is whether […]

CONGRATULATIONS! 50 Years in the uninterrupted practice of law

The BKI team is honoured to be associated with this extraordinary achievement. Brian started his practice on the 8th of September 1969, the day he was admitted as an attorney of the High Court. He has dedicated half a century to the practice of law and built a highly successful and reputable law firm. Throughout […]

Fringe benefits provided to employees

The Seventh Schedule to the Income Tax Act[1] lists various benefits that employers may grant to employees which will attract income tax for the employee,[2] and require the employer to also withhold PAYE on the amount of the benefit granted.[3] These provisions act as anti-avoidance measures to avoid employees receiving “masked” remuneration in formats other […]

The taxation of employee incentive schemes

It has become popular commercial practice for many employers to design employment incentive schemes whereby employees are remunerated for services rendered over a period of time by allowing them to participate in share incentive schemes. Typically, these schemes take the form of either cash-based settled schemes or share-based settled schemes. The former involves participating employees […]

The 10 steps when taking a dispute to the CCMA

If you have a dispute with your employer, you may want to ask the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to conciliate or even arbitrate your dispute. A union or employer’s organisation may also initiate this action. Furthermore, you do not need the other party’s consent before taking a matter to the CCMA. Steps for disputes […]

Is Uber legal?

Following the death of one of Uber’s employees due to clashes between Uber drivers and taxi drivers, the Department of Labour has clarified its position in terms of labour legislation. Recently, the Department of Labour acknowledged and applauded the ruling by the Commission for Conciliation, Mediation and Arbitration (CCMA) that Uber drivers are the employees […]

What is the CCMA?

The Commission for Conciliation, Mediation and Arbitration CCMA is a dispute settlement body. Basically, if someone believes that their dismissal was unfair, the CCMA with help settle the issue with their employer. The CCMA does not belong to any political party or business and functions completely independently. The CCMA also offers advice and training for […]

Social Media: What line can’t I cross as an employee?

There are cases of employees posting sensitive or disrespectful information and messages about their employers online. This might seem like an innocent joke with the people on your social media feed, however, the backlash is far more serious than that. The conduct of employees on social media platforms is also more frequently exposing employers to […]

Should I have to tolerate Corporate Bullying?

Every employee has the right to be treated with dignity and respect in the workplace, and employees do not have to tolerate bullying by employers. Bullying in the workplace is a serious matter that should not be taken lightly; trying to ignore it may only make it worse. Fortunately, there are steps that can be […]

The difference between a strike and a lockout

Workers have a right to strike, and employers have a right to lockout workers, if a dispute cannot be resolved. Certain procedures and certain limitations apply under certain conditions.  Secondary strikes and pickets may also be held. What is a strike? To strike is the refusal to work, the slowing down of work or the […]