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Regulation Around the World: Open Finance
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Newsflash
Global | Publication | October 14, 2015
The Labour Appeal Court has confirmed that even if an employee has consented after an enquiry to a demotion as an alternative to dismissal, the demotion may still be unfair.
A perception exists that when an employer and employee have agreed on the employee’s demotion, the CCMA does not have jurisdiction to hear an unfair labour practice dispute relating to the demotion.The recent judgment of Builders Warehouse (Pty) Ltd v CCMA & others (case number PA1/14) held that even an agreed demotion may potentially be unfair. An agreement on demotion therefore does not deprive the CCMA of jurisdiction.The court confirmed, however, that the employee’s consent to the demotion may well be the decisive factor in determining the fairness of the demotion. This did not preclude the CCMA from considering all the factors, such as the reason for the demotion, the degree of the demotion and whether the employee was consulted prior to the demotion. It remains to be seen whether the CCMA would be able to overturn the agreement or whether the only remedy would be compensation.
In light of this judgment, employers need to revisit the terms of agreed demotions and seek legal advice to ensure that the risk associated with agreed demotions is minimised.
Publication
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Publication
Our report last year included a summary of the Premier League’s profit and sustainability rules (PSR) and discussed both how owners have reacted to the rules and our predictions for the likely impact on future ownership of Premier League clubs.
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Most incidents handled by our Norton Rose Fulbright cyber team originate from the customer’s service provider. In many cases it is the service provider’s systems, infrastructure and environment which proves to be the most vulnerable to cyber breaches and security issues.
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