GilesFiles Insights

On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.

Aussie Uber contractors: No employment relationship

Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees.  This is a ‘landmark decision which could have...

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Bipolar contractual model: Vulnerable Uber drivers

Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. ("UBV") & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum wage and paid holidays. Journal article In an important...

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Genuine pay differentials: A simple fix required

Garbage in and out It is said that 'garbage in, is garbage out' and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven occupational levels. But, if the ‘benchmarks’ in the...

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Nic Wiehahn obituary: April 2006 Sunday Times

Man who changed the face of SA labour Nic Wiehahn obituary: 13 years ago Chris Barron paid particular tribute to the late Prof Nic Wiehahn on 9 April 2006 in the Sunday Times after his unexpected death and it is fitting that we be reminded of the crucial role he...

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CA Sector Code: Management levels – flawed EEA9

Introduction to draft Sector Code for the accounting profession For many years it has been suggested that EEA9 in the Employment Equity Act (EEA) is a flawed structure because it fails to give proper effect to the elimination of disproportionate pay differentials in...

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Trade union deregistration: AMCU and official notification

On 24 April 2019 the Registrar of Labour Relations gave notice of the intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) and called for written representations within 60 days as to why the registration should not be...

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