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South Africa Case Law

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Tax Law [2018] ZATC 6

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426)

ABC (Pty) Ltd v Commissioner For The South African Revenue Service (14426) [2018] ZATC 6; 81 SATC 255 (13 December 2018)

The court held that the collective agreement entered into between the appellant and the union, although not binding on non-union employees under the Labour Relations Act, was voluntarily extended by the appellant to all non-management employees for reasons of commercial necessity and workplace harmony. There was no legal bar to this extension, and the retrospective payment of wage increases from 1 May backdated to 1 February was consistent with the statutory definition of 'monthly remuneration' as amounts paid or payable. The ETI Act expressly contemplates pro-rating remuneration for employee…

  • Employment Tax Incentive
  • Sectoral Determination
  • Collective Agreement Extension
  • Minimum Wage Compliance
  • Penalties And Interest
  • Remuneration Calculation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.