PIERRE VAN DER MERWE
Partner

BCom LLB LLM (UJ)
HDip Tax (UJ)
Notary

PRACTICE AREAS
Commercial Law
Dispute Resolution
Tax Law
Labour Law
Property Law
Conveyancing
Estates & Trusts

+27 (0) 11 448 9638
vandermerwe@schindlers.co.za

Covid-19: A guide to the Retrenchment Process

By Alisha Naik, Candidate Attorney and Pierre van der Merwe, Partner Introduction Since the start of the national lockdown, the Minister of Employment and Labour has been proactive in providing employers with alternative solutions to avoid retrenching employees. However, the negative economic impact caused by the Covid-19 pandemic may be so severe that employers may
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Understanding liquidation in relation to immovable property

By Pierre van der merwe and Simone jansen van rensburg INTRODUCTION  Liquidation is a procedure set out in the Companies Act of 1973, it is applicable to companies/close corporations only and not private individuals. Liquidation is a last resort and ultimately results in the demise of the business. The purpose of liquidation proceedings is to dispose
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Notarial Bonds: Securing debt in times of uncertainty

By Pierre van der merwe and Simone jansen van rensburg 1. Introduction A creditor is often faced with the decision of what form of security for the due and proper performance by the debtor of its obligations under, for example, a loan agreement, would be most beneficial to the creditor. Common forms of security include
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The authority of close corporation members to bind a close corporation in respect of immovable property transactions

INTRODUCTION The purpose of this article is to discuss the extent to which members of a Close Corporation (“CC”) have authority to bind the CC generally and specifically with regard to immovable property transactions. HISTORY CC’s are regulated and governed by the Close Corporations Act, 69 of 1984 (as amended) (“the Act“), together with any
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The Ins and Outs of the Assets that may be Secured in Notarial Bonds

By Pierre van der Merwe, Partner & Notary Publicand Simone Jansen van Rensburg, Associate & Notary Public 1. Introduction Commonly, creditors need to decide on the method in which to obtain the best security for the due and proper performance by the debtor of its obligations under, for example, a loan agreement. Often, creditors decide
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Covid-19 and the national lockdown: government support to employers/employees through the COVID19 TERS

By Pierre van der Merwe – Partner, Jordan Dias – Associate and Alisha Naik – Candidate Attorney Updated in line with the amended Directive issued by the Department of Labour as at 8 April 2020 1. Introduction The COVID-19 pandemic has presented an unparalleled level of economic uncertainty in South Africa.  The spread of the
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Coronavirus disease (COVID -19) and the Workplace: Implications for the Employer and Employee

INTRODUCTION Due to the rapidly increasing rate of infection of the coronavirus (COVID – 19) globally and within South Africa, employers across the country are faced with various health and safety implications in the workplace. This article aims to address certain issues and concerns that both employers and employees may have arising from COVID-19. What
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AMALUNGELO WORKERS ‘ UNION AND OTHERS v PHILIP MORRIS SOUTH AFRICA (PTY) LIMITED AND ANOTHER (CCT20/18) [2019] ZACC 45 (26 NOVEMBER 2019)

BACKGROUND The Applicants are Amalungelo Workers’ Union (and 75 of its members) who were employed by Philip Morris South Africa (Pty) Ltd and Leonard Leonard Dingler (Pty) Ltd, the Respondents. The Applicants alleged that the Respondents have, in contravention of section 34 of the Basic Conditions of Employment Act (“BCEA”), deducted tax (in respect of
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The Ins and Outs of the Assets that may be Secured in Notarial Bonds

INTRODUCTION Commonly, creditors need to decide on the method in which to obtain the best security for the due and proper performance by the debtor of its obligations under, for example, a loan agreement. Often, creditors decide on a special and general notarial bond which provides the best possible security in one document without incurring
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Masoga and Another v Pick n Pay Retailers (Pty) Ltd and Others (JA14/2018) [2019] ZALAC 59 (12 September 2019)

BACKGROUND Pick ‘n Pay Retailers (Pty) Ltd (“PNP”) operates in-store bakeries to produce baked goods at certain of their stores. As part of an empowerment initiative, PNP decided to use these bakeries to train previously disadvantaged persons to operate self-standing bakeries, capable of operating independently of PNP. PNP contracted with Assist Bakery 115 CC (“AB”),
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