Application of the Occupational Health and Safety Act, 1993 (the "OHASA")? Several health and safety obligations (both general and specific) towards employees are imposed on an employer or user in respect of the "workplace". The term "workplace" is also defined broadly in the OHASA as "any premises or place where a person performs work in the course of his employment" ...
The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live. Previously, uncommon concepts and practices such as social distancing, lockdown, quarantine and self-isolation have now rapidly become part of our daily parlance. Unsurprisingly, in view of the swift rise of death rates associated with the pandemic, many people are being reminded of their own mortality ...
Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). The lockdown has already had a devastating impact on the economy and on employment in a country that was already in recession. This has already been felt by many in their pockets ...
Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook ...
A strike, and employees’ actions during a strike, will almost inevitably cause an employer losses. In terms of South African common law, an employer may have a delictual remedy at its disposal. It can, in certain circumstances, sue the union or its members for the losses suffered ...
The Competition Commission of Mauritius (“CCM”) has issued acommuniquéon 9 April 2020 stating that it understands that: enterprises may have to collaborate during these uncertain times in order to ensure provision of essential products and services; certain prohibitions as contained under the Competition Act 2007 (the “Act”) may create uncertainty as to what may be permissible in terms of collaboration in the context of the Coronavirus (COVID-19) ...
The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term ...
In response to efforts to curb the spread of the Coronavirus (COVID-19) outbreak, the Ministry of Health published regulations providing for the closure of various places including bars, schools and institutions of higher learning, bars, cinema halls, shopping malls, arcades, hardware shops, all shops and stores selling non- food items, salons, gymnasiums, massage parlours, hotels and lodging houses, motor repair workshops and garages, with a few exceptions ...
The recent Constitutional Court judgment inNational Director of Public Prosecutions v Botha N.O. and Anotherconsidered the issue of whether a proportionality analysis is required for the forfeiture of unlawful proceeds in terms of section 50(1)(b) of the Prevention of Organised Crime Act, 1998 (“POCA”) ...
Powers to legislate on tax matters are delegated to the executive branch regarding COVID-19.- Law No. 31011 approved the delegation of powers to the executive branch for a period of 45 calendar days to legislate on the following tax matters: i) Temporary suspension of existing fiscal rules and establishment of measures for the national economic recovery. ii) Payment facilities for tax liabilities administered by SUNAT ...
New extension of deadlines is established for the submission of the PLAME.- Due to the extension of the State of National Emergency until April 26, 2020, through Superintendence Resolution No. 069-2020/SUNAT published on April 13, 2020, new expiration dates are established for the declaration and payment of the items contained in the PDT Electronic Sheet - PLAME, Virtual Form No. 0601: A ...
Spread of coronavirus infection made companies to change their daily practices in order to ensure continuous business operation without compromising individuals’ safety. In this newsletter, we elaborate on the most sensitive legal issues in terms of data protection, privacy and cybersecurity ...
Below is a summary of key new measures and initiatives that have been implemented by various UAE authorities since 9 April 2020 and the time of this inBrief, 6:00 p.m. on Monday, 13 April 2020. Commercial Activity On 13 April 2020 the Dubai Department of Economic Development issued a circular on the re-opening of some commercial activities and emphasised that these activities must continue to comply with preventive guidelines, including operating only between the hours of 8:00 a.m ...
Introduction The Italian Government has adopted Law Decree no. 23 of 8 April 20201 (the "Liquidity Decree"), which provides for additional measures to support companies in the current COVID-19 emergency ...
ThThe Italian Government has adopted Law Decree no. 23 of 8 April 2020 (the "Liquidity Decree"), published in the Official Journal of the Italian Republic no. 94 of 8 April 2020, which provides for additional measures to support companies in the current COVID-19 emergency ...
Law Decree n. 23 of 8 April 2020 (the “Liquidity Decree”) has introduced significant changes to the socalled “golden power rules” and to the disclosure duty of relevant shareholdings in listed companies. These rules are aimed at discouraging “predatory purchases” of Italian strategic and listed companies in times when their share price may be particularly depressed due to the COVID-19 emergency ...
The Ministry of Finance published Decree 535 of 2020, which establishes a simplified procedure for the reimbursement or compensation of balances in favor of Income Tax and Value added Tax ("VAT") amid the COVID-19 outbreak. According to the Decree, the simplified procedure implies that requests for the reimbursement or compensation that are duly filed within the health emergency, will be decided by the Tax Office within 15 working days after their submission ...