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  • The HR and IR platform for small businesses

    By in Article, Labour, ProFile on

    If you’re looking for a system to manage your HR function, your employee information, and your labour issues, then you’re at the right place. ProFile is an online employee management system that consolidates your employee management, creating one place for your HR and workforce management. Capture and store all your employee information and employment contracts in one place. Manage leave

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  • Memorandum Of Understanding: The B-BBEE Commission

    By in Article, BEE on

    At this point in time, it should be common knowledge that the B-BBEE Commission (hereafter referred to as ‘Commission’) has been established to ensure compliance with the rules and regulations of the Broad-Based Black Economic Empowerment Act of 2003 (BEE Act). Section 13 of the BEE Act governs all aspects pertaining to the Commission, including its establishment and functions. A

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  • Selling Your Business As A Going Concern – What Does The Law Say?

    By in Article, Labour on

    When contemplating the selling of your business, the Labour Relations Act (LRA) had made provision for this transaction. If a business is sold, the responsibilities that were associated with the previous owner are transferred to the new employer as is. The contracts of employment in relation to the employees are transferred to the new employer, including any dismissal action of

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  • What Does The CPA Say About Replaced Parts And Materials?

    The purpose of the Consumer Protection Act 68 of 2008 (CPA), is to promote and protect the economic interests of consumers. The CPA clearly stipulates that suppliers have the responsibility towards consumers to return any removed and or replaced parts and materials that are the property of the consumer. Section 67 of the CPA specifies that if a supplier is

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  • The “Pre-suspension” is no more

    By in Article, Labour on

    In the matter of Long V SA Breweries (PTY) Ltd & Others CCT61/18; CCT61/18  ZACC 07, the Constitutional Court found that the employer no longer needs to take submissions on why the employee should not be suspended, before suspending the employee on a precautionary basis before a disciplinary hearing. Employers are still obligated to pay employees during the time that

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  • Understanding Skills Development for the ICT Sector Code

    By in Article, BEE on

    The Amended Information Communication and Technology (ICT) Sector was gazetted on 7 November 2016. A Measured Entity’s annual turnover is imperative to determine the targets for the Skills Development element. The thresholds for classification as an Exempted Micro Enterprise (EME), Qualifying Small Enterprise (QSE) or Generic Entity are as follows: EME: Annual turnover below R10 million. QSE: Annual turnover between

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  • Retrenching Employees On Fixed-Term Contracts: Be Prudent Or Be Prepared To Foot The Bill

    By in Article, Labour on

    Recently, we have seen a number of labour statues being enacted in South Africa. Some of these statutes will impact significantly on labour cost and thus on the overheads of employers. Big corporations may continue unaffected by the increasing costs of labour but the same cannot be said about their smaller counterparts. The National Minimum Wage Act 9, 2018 came

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  • The Employers Guide to: Writing An Employment Reference

    By in Article, Labour on

    Employers are often unsure about how to write an employment reference – what to say, what not to say and what can be said. Employment references play a significant role in the labour market, given the fact that there are currently more prospective job applicants than employment opportunities. Is an employment reference compulsory? Section 42 of the Basic Conditions of

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  • Fake bags, fake shoes, fake…food?

    While a fake handbag or pair of shoes no longer causes society in general to blink, the idea of fake food being sold has raised more than a few eyebrows. During the last few months of 2018, a spate of videos were circulated on social media showing demonstrations of how fake foods such as plastic bread, rice and eggs were

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  • The Employers Guide to: Foreign employees whose documentation expired

    By in Article, Labour on

    Employers often employ foreigners and when their work permit or asylum seeker permit (hereinafter referred to as documentation) expire, employers might be liable for a fine or imprisonment. The question arises, how do employers legally terminate the contract of employment when an employee’s documentation expires? A foreigner is a person who is neither a citizen nor a permanent resident of

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  • Remember to make your BEE Contributions before the Financial Year End

    By in Article, BEE on

    Business owners must remember that the contributions their company needs to make toward Skills Development, Socio-Economic Development, Enterprise Development and Supplier Development, must be done before the financial year-end. Should they not spend the required amounts before the financial year end, it will result in them being unable to obtain points on these elements when the financial year is used

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  • The Use of Marijuana in the Workplace

    By in Article, Labour on

    The court recently declared parts of the Drugs and Drug Trafficking Act and Medicines and Related Substances Control Act inconsistent with the constitution, to the extent that they encroach upon the private use and consumption of cannabis for personal purposes. Should parliament amend the relevant legislation, employers may have to reconsider how they deal with the effects of personal cannabis

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  • The Employers Guide to: The Section 51 Manual

    The Protection of Personal Information Act, No. 4 of 2013 (POPI) promotes the protection of personal information by public and private bodies. The POPI Act has been signed into law on 19 November and published in the Government Gazette on 26 November 2013. A proclamation was signed by the president on 11 April 2014, declaring parts of the Act is

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  • Constructive Dismissal in the workplace

    By in Article, Labour on

    Section 186 (1)(e) of the Labour Relations Act (LRA) states that constructive dismissal is when “an employee has terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee.” Constructive dismissal is treated the same as unfair dismissal and the employee who has resigned has 30 days to refer the dispute to

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  • POPI Regulations: Consent to direct marketing

    The Information Regulator has tabled the Protection of Personal Information (POPI) Regulations in Parliament on 03 December 2018 and the Regulations were published in the Government Gazette on 14 December 2018. The new POPI regulations have an impact on processing personal information for purpose of direct marketing. Regulation 6 stipulates that a responsible party who wishes to process personal information

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  • Being investigated by the B-BBEE Commission

    By in Article, BEE on

    Since the inauguration of the Broad-Based Black Economic Empowerment (B-BBEE) commission, we’ve become aware of a few businesses who have been subjected to investigations done by the Commission. Being investigated by the Commission can be quite unnerving, exacerbated by a lot of procedural steps that need to be taken, not only by the Commission but also by the entity being

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  • One step closer to the implementation date of the POPI Act

    Just when we thought the year of 2018 was over and done with, the Information Regulator published the Final Regulations to the Protection of Personal Information Act (POPI) on 14 December 2018, following the first draft of the Regulations which were published for public comment on 8 September 2017. What effect will the Final Regulations have and what does the

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  • The New Minimum Wage Act – What Now?

    By in Article, Labour on

    On 27 November 2018 President Cyril Ramaphosa signed the National Minimum Wage Act No 9 of 2018 (hereafter “the Act”), and thereafter confirmed the commencement date as being 1 January 2019. The Act has established a new minimum wage of R20.00 per hour for every ordinary hour worked, excluding farm workers, domestic workers and workers employed on an expanded public

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  • Misconduct outside the workplace – What remedies does an employer have?

    By in Article, Labour on

    Occasionally an employer is troubled with an employee’s misconduct before or after working hours, and in some instances for misconduct conducted even before the employer-employee relationship is in existence. What recourse does an employer have in such instances against such employees? Normally, disciplinary action against an employee derives from the contract of employment, which in essence results that action can

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  • The Purpose of the YES Initiative Program

    By in Article, BEE on

    On 27 March 2018, the Youth Employment Services (YES) Initiative was launched to resolve the unemployment crisis in our most promising sector in South Africa, the youth sector. The aim of the YES Initiative Program is to address this crisis by focusing on the multiple needs of young people and to enable them to have access to new opportunities for

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  • My employee wants to leave before their notice period has lapsed – what now?

    By in Article, Labour on

    Employers are often faced with the issue of employees not giving sufficient notice as prescribed, which do not give employers sufficient time to find a proper replacement and/or to provide the necessary training for the replacement or in some instances lead to a loss of income to the employer. Section 37 of the Basic Conditions of Employment Act (BCEA) regulates

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  • Organisational rights in the workplace

    By in Article, Labour on

    A registered trade union who seeks organisational rights at the workplace needs to comply with Section 21 of the Labour Relations Act (LRA). Section 21(1) states that any registered trade union may inform an employer in writing should he or she wish to exercise one or more rights conferred by this part in the workplace. The notice referred to in

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  • How gross must negligence be to justify dismissal?

    By in Article, Labour on

    Negligence as a form of misconduct is probably one that has been giving employers more headaches than any other form of misconduct. This is mainly because the circumstances under which an employer can dismiss an employee for a first offence of negligence, have been limited by the Labour Court and the CCMA to a great extent. What is negligence? In

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  • Consequences of disregarding picketing rules

    By in Article, Labour, Newsroom on

    The retailer Dis-Chem has made headlines with a worker strike that resulted in the Labour Court barring union members from picketing and protesting outside the retailer’s stores until 27 February 2019. This ruling made a statement on the transformation of collective bargaining in South Africa. Labour laws in practice The right to picket can be traced back to Section 17

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  • A better understanding of Incompatibility

    By in Article, Labour on

    Incompatibility is a term that is rare, vague and uncertain in our law as it is not mentioned as a possible ground or reason for dismissal in terms of Section 188 of Labour Relations Act 66 of 1995 (LRA). According to Christianson (2002: 163), incompatibility has been defined as the inability on the part of the employee to work in

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  • SED Contributions in the Agricultural Industry

    By in Article, BEE on

    Entities that fall under the scope of application for the Agricultural Sector Codes are required to provide sector-specific contributions as part of their Socio-Economic Development (SED) initiatives. The contributions must be related to the Agricultural Industry (refers to the combination of Farming Enterprises and Agri-business Enterprises). Both Generic Entities(Turnover that exceeds R50 million) and Qualifying Small Enterprises (turnover that is

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  • A Brief Guideline To Procedural Fairness

    By in Article, Labour on

    Procedural fairness may be regarded as the “rights of the employee” in respect to the procedure to be followed during the disciplinary process. Employers should always ensure that they follow the correct procedure when dismissing employees. Even if there are good reasons for dismissal, such as theft or any other gross misconduct, an employer is still required to follow a

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  • Consumers Rights When It Comes To Direct Marketing

    By in Article, Labour on

    We have all received the unwanted unknown caller phone calls and answered it thinking “what if it is an emergency of a family member etc.” only to be pestered by the unwanted direct marketing calls. These days, one can install an application on your mobile, to identify spam and/or marketing calls, but it seems that the marketing companies have multiple

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  • Proving Your Case: Know Your Elements Of Misconduct

    By in Article, Labour on

    Proving an employee’s guilt to a specific offence is like baking a cake: If you don’t put in the right ingredients, the cake will flop. To know which ingredients you must put in, you must have a recipe, which tells you exactly what, and how much off a certain ingredient is needed. Similarly, in the Labour Law, a specific misconduct

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  • Changing lives, one cyclist at a time

    By in Article, Newsroom on

    SEESA’s own non-profit organisation, SocEd NPC, teamed up with Go Sport Events donating 36 bicycles to Kungwini Welfare Organisation on Wednesday 21 November 2018. Kungwini Welfare Organisation – a team of people dedicated to change and upliftment in their community and beyond – provides care for people with disabilities, social work services, community development services, and established learning centres for small children

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  • Yes To Y.E.S Initiative

    By in Article, BEE on

    The Youth Employment Services (Y.E.S) initiative was gazetted on 28 August 2018 with an accompanying practice note on 12 October 2018. This initiative will be run and monitored by the Yes-4-Youth non-profit organisation. Should an entity wish to implement and take part in the Y.E.S Initiative they need to register on the Yes-4-Youth website at www.yes4youth.co.za. If you do not

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  • The Right To Deny An External Representative At A Disciplinary Hearing

    By in Article, Labour on

    Item 4 of the Code of Good Practice: Dismissal, contained in Schedule 8 of the Labour Relations Act (LRA), deals with some of the key aspects of dismissals based on misconduct. More specifically, The Code of Good Practice states the following: “The employer should notify the employee of the allegations against him, allow the employee a reasonable opportunity to prepare, to state

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  • When Do You Lose Your Right To Sort Relief?

    As per Section 56 of the Consumer Protection Act 2011 (CPA), a consumer, as defined in the CPA, has the right to a refund, repair or replacement of goods. This is only up to a certain point. This right may only be exercised within 6 months of the date of the transaction and if the goods are of inferior quality,

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  • Employers Must Be As Constant As The Northern Star

    By in Article, Labour on

    Employers are often faced with allegations of being inconsistent in the application of a rule, be it late-coming or negligence or any other form of misconduct. As per Schedule 8 in the Code of Good Practice – Dismissal, in order to succeed with a substantively fair dismissal for misconduct, an employer must be able to satisfy the following questions in

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  • The Tendering Process in South Africa

    By in Article, BEE on

    A tender refers to the process whereby governments invites bids for large projects that must be submitted within a prescribed deadline. During this process, an offer, bid, proposal or expressing interest in response to an invitation are made. It is important for all potential bidders to familiarize themselves with the tender process and principles in South Africa. The process includes

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  • Employer’s guide to Unemployment Insurance Fund

    By in Article, Labour on

    Employers are of the view that registration at the Unemployment Insurance Fund (UIF) is voluntary and are usually faced with interest and penalties payable by them for non-compliance or non-payment. The purpose of the fund is to give short-term relief to employees or their dependents when they become unemployed or are unable to work for a certain period. Who must

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  • New Assessment Model for Compensation Fund

    On 16 October 2018, the South African Department of Labour issued Government Notice No. 1105 regarding the implementation of the Compensation Fund’s New Assessment Model. Currently, the Compensation Fund assess employers on the basis of the industry they operate in and are assigned a specific assessment class for the basis of determining their liability to the fund. The existing 102

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  • What to keep in mind when suspending an employee in anticipation of a hearing

    By in Article, Labour on

    Employers often suspend employees in frustration without following the correct procedure, when the employee commits an act of misconduct. It is important to follow the correct procedure when considering suspending the employee in anticipation of a disciplinary hearing and to only suspend for justifiable reasons as the contrary can result in an unfair labour practice. A suspension can be used

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  • CPA “Calls Out” Call Centers

    Continuing advances in technology have allowed consumers more freedom in how they connect, interact and transact. The ripple effect of this means that the gate has been opened to non-consensual information sharing and unsolicited direct marketing to consumers. Direct Marketing is defined as follows: Approaching a person, either in person or by mail or any other electronic means for the

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  • Everything you need to know about bumping

    By in Article, Labour on

    Bumping is when employee A who is at risk of being retrenched ‘bumps’ employee B out of his/her position and employee B gets retrenched instead. Bumping is utilized to retain senior, valued staff members who opt to move to a more junior position to remain in the companies’ employ. Bumping has 2 forms namely horizontal bumping and vertical bumping. Vertical

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  • The importance of Preferential Procurement on the B-BBEE Scorecard.

    By in Article, BEE on

    Since the inception of the revised codes, companies have placed more time and resources into their Broad-Based Black Economic Empowerment (B-BBEE) journey. However, after 3 years companies have realised that arguably the most important sub-element of the B-BBEE scorecard is Preferential Procurement, under the Supplier & Enterprise Development element. Previously very little attention was given to this element. However, seeing

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  • 5 Steps to a failsafe policy implementation

    By in Article, Labour on

    Workplace policies are a specific set of rules or procedures that are followed within a company. These could contain detailed procedures that must be followed when performing daily duties and responsibilities, a health and safety procedure used in the event of an emergency or even a set of general rules that must be complied with, such as a dress code

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  • 4 Things To Keep In Mind For Your Business’s Website

    With new age technology these days most businesses use websites to promote their business. Some, just to make it easy for their clients to find them and other as an e-commerce platform. If your company uses its website to conclude transactions you will need to ensure that you pay attention to the requirements set out in the Electronic Communications and

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  • Is B-BBEE Compulsory for my business?

    By in Article, BEE on

    Broad-Based Black Economic Empowerment (B-BBEE) legislation is important for businesses and has an impact on the operations of businesses. It is intended to stimulate the process of participation of previously disadvantage groups in the economy and lead to increased economic growth. It is important to note that BEE compliance is technically not compulsory for privately-owned businesses, but it is important

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  • What if my employee doesn’t want to sign labour related documents?

    By in Article, Labour on

    Employers often ask questions regarding the guidelines to be followed when employees refuse to acknowledge receipt of any labour related document. A labour related document can be regarded as contracts of employment, disciplinary code, company rules and policies, disciplinary procedure documents, retrenchment documents, incapacity procedure documents etc. The most common practices will be discussed below: Contracts of employment In normal

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  • The Right To Return Goods

    The general misconception amongst many consumers is that the right to return goods (Section 20 of the Consumer Protection Act) applies regardless of the reason for the return. Therefore suppliers are often bullied into accepting returns even when there is no obligation on them to do so. It is quite clear from Section 20 of the CPA that this right

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  • The Employer’s Guide: Marijuana legalised… or is it?

    By in Article, Labour, Newsroom on

    With the Constitutional Court officially passing a judgment on 18 September in terms of legalizing the household use of dagga, the whole country seems to be in an uproar. What does this entail for employers in terms of still ensuring a productive and safe working environment for all? We can expect that employers will now face a situation where some

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  • Religious Freedom In The Workplace

    By in Article, Labour on

    The Right to Freedom of Religion is enshrined under Section 15 of our Constitution as such it is a listed ground. This means that if an employee alleges discrimination based on his religious beliefs the onus rests on the employer to disprove this allegation. The employer could be the State or a privately owned company. This may be a difficult

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  • The Employers Guide to: Employees resigning with immediate effect

    By in Article, Labour on

    There are prescribed periods of notice that each employee must give when they terminate their employment. These periods are governed by the Basic Conditions of Employment Act (BCEA) or applicable Main Collective Agreement from a Bargaining Council which applies to the Industry or Sectoral Determination. Each Bargaining Council also has their own notice periods which must be complied with in

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  • B-BBEE Restructuring – Pitfalls to avoid

    By in Article, BEE on

    Most Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes have been amended and are currently in effect. There is a great need for businesses to become B-BBEE compliant. In order to do these many companies are considering restructuring to assist with compliance, but if this is not done properly the process could actually cause more harm than good. When considering different

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  • The Forfeiture Of Annual Leave

    By in Article, Labour on

    Employers are often faced with a situation where an employee has not taken leave over a prolonged period of time and demands payment in respect of the accrued leave upon termination of the employment contract which often amounts to large sums of money. The Basic Conditions of Employment Act 75 of 1997 (BCEA) affords an employee 21 consecutive days of

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  • Do you have a legal basis for processing personal information?

    Section 11 of the Protection of Personal Information Act (POPI) “Consent, justification and objection”, forms part of the second condition for lawful processing, namely “processing limitation”. The purpose of this condition is to make the responsible party (the Party that determines the purpose of and means for processing personal information) aware that there are restrictions on the processing of personal

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  • Enhanced Recognition for EMEs and QSEs with 51% Black Ownership

    By in Article, BEE on

    An Exempted Micro Enterprise (EME) or Qualifying Small Enterprise (QSE) that qualifies for an automatic level 2 due to having 51% black ownership, is required to comply with 40% of the QSE Skills Development target as a compulsory priority element to avoid discounting. How to achieve level 1. The Amended Construction Sector Charter provides that an EME can choose to

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  • What to do when you suspect an employee is unsuited for the workplace

    By in Article, Labour on

    “Incompatibility arises when employees are unable to work harmoniously with their colleagues or are unable to adapt to the corporate culture of the workplace.” – John Grogan Any employer would say that it is an employer’s prerogative to have his or her employees conduct themselves in a harmonious manner for the benefit of workplace efficiency. The expectation seems reasonable but

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  • Terms and Conditions must still apply

    Most businesses ensure that their customers sign standard terms and conditions for service or goods delivery. Properly drafted and implemented terms and conditions prevent future disputes and provide the business with essential protection against non-payment and product or service liability. One cannot over-emphasise the need to properly explain the business terms and conditions to potential customers. The Consumer Protection Act 68 of 2008 (CPA) now declares many of the

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  • What is the value of an employee’s leave?

    By in Article, Labour on

    The concept of annual leave and the accrual thereof is often well understood by employers, however, some employers have trouble calculating the actual amount of leave owed to the employee in Rand value, upon termination of employment. Employees working 5 days per week should get 15 working days of annual leave, which accrues at 1,25 days per month. Employees working

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  • The employers guide to: The Youth Employment Service

    By in Article, BEE on

    Gazetted on 29 March 2018, The Youth Employment Service (YES), intended to provide work opportunities for black youth between the ages of 18 and 35. This transformative endeavour by the Government aims to lower the increasingly high levels of unemployment in South-Africa to provide 12 month or fixed-term employment contracts. The YES initiative intendeds on incorporating its implementation into the

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  • Alcohol In The Workplace – Misconduct vs Incapacity

    By in Article, Labour on

    Whether it is an employee reporting for duty under the influence of alcohol, consuming alcohol while on duty, reporting late for duty, being absent from work or simply failing to comply with basic duties and responsibility for reasons related to alcohol, every employer has, at least once, had to deal with alcohol-related offences. Where an employee commits these offences, such

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  • Everything you need to know about the Information Regulator

    The Protection of Personal Information Act 4 of 2013 (POPI) which was signed into law on 19 November 2013 introduces an overarching regulatory framework for investigative and enforcement procedures to be followed by the Information Regulator where an allegation of a breach of the POPI Act is made. Even though the whole of the POPI Act is not in effect

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  • BOSS: B-BBEE Ownership Structure Solution

    By in Article, BEE on

    Ownership is one of the more sensitive elements on the Broad-Based Black Economic Empowerment (B-BBEE) Scorecard. As a consultation agency, we are aware of the work and capital invested into a business as well as the reluctance to take a new partner into a business. With this in mind, we have structured the following ownership solution. We utilise paragraph 3.14.2

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  • Getting Smart with: Poor Work Performance, Probation Periods and Fixed-Term Contracts

    By in Article, Labour on

    Poor work performance might be considered as an unfamiliar process to a lot of employers. The problematic part comes in at the inception of the employer-employee relationship, once the employer decides to hire a new employee. Not much is known about this employee’s working ability and the employer is left with nothing but his better judgement and the hope that

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  • Ursula Botha on culture

    By in Article, Newsroom on

    Featuring Ursula Botha BA Industrial Psychology, B.Proc, LLB, LLM, MBA SEESA Marketing Director   SEESA Marketing Director Ursula Botha on women in the workplace, education, leadership, careers, and inspiration.   Changing corporate culture by example SEESA Marketing Director Ursula Botha is not only a stellar leader, academic and top business leader – she’s also a driver of change for the

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  • Ursula Botha on careers

    By in Article, Newsroom on

    Featuring Ursula Botha BA Industrial Psychology, B.Proc, LLB, LLM, MBA SEESA Marketing Director   SEESA Marketing Director Ursula Botha on women in the workplace, education, leadership, careers, and inspiration.   Rising through the corporate ranks, Ursula’s career path shows loyalty and tenacity. In SEESA she has been an example of taking on new challenges, embracing and driving change and doing

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  • Ursula Botha on leadership

    By in Article, Newsroom on

    Featuring Ursula Botha BA Industrial Psychology, B.Proc, LLB, LLM, MBA SEESA Marketing Director   SEESA Marketing Director Ursula Botha on women in the workplace, education, leadership, careers, and inspiration.   At the head of SEESA stands a tall, inspirational woman. One who has never been afraid to make the tough calls, take responsibility for decisions and lead by example. On

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  • Ursula Botha on education

    By in Article, Newsroom on

    Featuring Ursula Botha BA Industrial Psychology, B.Proc, LLB, LLM, MBA SEESA Marketing Director SEESA Marketing Director Ursula Botha on women in the workplace, education, leadership, careers, and inspiration.     Ursula firmly believes in investing in yourself through education – something no one can ever take away from you. As a company director, SEESA is deeply involved with several education

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  • The Employers Guide to: Strikes and Its Remedies

    In terms of Section 23 of the South African Constitution the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a limitation should, however, be reasonable.

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  • Parental Leave – the proposed new position

    By in Article, Labour on

    The position on parental leave is proposed to change, as the Labour Law Amendment Bill, which was proposed by the African Christian Democratic Party in 2015, has been issued for public comment. This article specifically refers to the rights that new fathers have to make use of the proposed leave as from the birth of their child. Current Position According

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  • Ursula Botha on women in the workplace

    By in Article, Newsroom on

    Featuring Ursula Botha BA Industrial Psychology, B.Proc, LLB, LLM, MBA SEESA Marketing Director   SEESA Marketing Director Ursula Botha on women in the workplace, education, leadership, careers, and inspiration.   Ask nearly every SEESA employee “Who gets things done?” and their answer will be “Ursula”. Starting out as a legal advisor and finding her passion in labour law, Ursula studied

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  • Temporary employment – what’s changed for employers and labour brokers?

    By in Article, Labour, Newsroom on

    On 26 July 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court (LAC).  The case concerned the interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether this deeming provision resulted in a “sole employment” relationship between a placed worker

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  • What is tender fraud and how to avoid it

    By in Article, BEE on

    Since the political transition of South Africa in 1994 and the implementation of Broad-Based Black Economic Empowerment (B-BBEE), tender fraud became an issue South Africa is facing. There are 7 main types of tender fraud: Misrepresentation of a company’s credentials including their ownership, management and control, directors and turnover, by submitting forged documents. Collusion and manipulation in the tendering process

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  • The Employers Guide to: Striking Employees

    By in Article, Labour on

    Employers should know when the actions of employees constitutes a strike, which is defined in the Labour Relations Act No 66 of 1995 (LRA) as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of

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  • Does the Consumer Protection Act apply to Non-Profit Organisations?

    The Consumer Protection Act 68 of 2008 (CPA) came into effect in April 2011. Unknown to many Non-Profit Organisations (NPOs), the CPA applies to non-profit sectors. This could include amongst others; social, religious and educational organisations. It is a given that all NPOs are to be registered with the Department of Social Development and obtain an NPO Certificate including a

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  • Getting Smart with Constructive Dismissals

    By in Article, Labour on

    A constructive dismissal is defined as a situation in the workplace created by the employer, which renders the employment relationship intolerable for the employee. Section 186(1)(e) of the Labour Relations Act (LRA) 66 of 1995, states that in circumstances where “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the

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  • How to minimize Skills Development Expenditure

    By in Article, BEE on

    The Amended Construction Sector Code was published on 1 December 2017. This code has implications for entities that previously, under the Codes of Good Practice, didn’t need to make any contributions to obtain a specific level. This specifically refers to Qualifying Small Enterprises (QSEs) that qualify for automatic level 1 or 2 sworn affidavits in terms of the Codes of

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  • Why you should worry about delays

    By in Article, Labour on

    A phrase commonly used in law is “Justice delayed is justice denied”, meaning that by delaying to charge and finalise an employee’s hearing would be to deny their justice and therefore denying a fair hearing. But what constitutes a delay? Section 188 of the Labour Relations Act (LRA) sets out strict requirements to ensure that a dismissal is fair. However,

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  • Data breaches and the notification thereof

    With the Protection of Personal Information Act (POPI) created to regulate the protection of personal information, an enormous impact is expected as South African businesses will soon be legally obligated to notify of any data breaches. What is expected from businesses faced with data breaches? The responsible party will have to notify the Information Regulator, as well as the data

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  • A practical guide to: Handling damages caused by employees

    By in Article, Labour on

    Employers are sometimes faced with a situation were an employee caused damage to the employer as a result of their actions or omissions. Employers must decide to either impose a warning or deduct the cost of the damages from the employee’s salary. The question now arises whether you can issue a warning and deduct the damages – or whether this

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  • Back to basics with Broad-Based Black Economic Empowerment

    By in Article, BEE on

    South Africa was engaged in a racially segregated system called Apartheid from 1948 until 1994, where one’s race determined social, economic and political advantages and/ or disadvantages. In 1994, the first democratic government was elected in South Africa. This government implemented Broad-Based Black Econoic Empowerment (B-BBEE) in 2003/2004 as a racially selective program initiated to empower those previously disadvantaged groups.

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  • Is an employer obliged to pay bonuses to employees?

    By in Article, Labour on

    The question of “Why didn’t I get a bonus?” is one that crosses the mind of many employees, as they often feel that they have a right to a bonus. The South African Labour Law is silent on the issue of bonuses with the result that the payment or non-payment of bonuses is left to the discretion of the employer.

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  • Is the GDPR applicable to my business?

    The General Data Protection Regulation (GDPR) was enforced on 25 May 2018 by the European Union Law and was drafted to coordinate any previous and or current legislation in one document. This means that every resident of the European Union’s (EU) right to data privacy are protected under this regulations. Any law or regulation approved by the EU are in

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  • The Employer’s Guide to: Annual Leave

    By in Article, Labour on

    The Basic Conditions of Employment Act 75/1997 (BCEA) states that the provisions for annual leave do not apply in the following instances; Employees who work less than 24 hours per month for an employer. Leave granted to employees in excess of the entitlement allowed in terms of the BCEA. Calculation of annual leave The BCEA stipulates that employers must grant

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  • Supplier Development and the Amended Construction Codes

    By in Article, BEE on

    The Amended Construction Sector Codes have brought about significant changes to the Supplier Development element. Generic Enterprises now have to ensure that their assistance meets the requirements of a compliant Supplier Development programme. A Generic Enterprise is regarded as the following: Contractors – revenue above R50 million; Built Environmental Professional (BEPs) – revenue above R25 million. The requirements for a

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  • When should my employees retire?

    By in Article, Labour on

    There is no compulsory retirement age for employees in South Africa therefore employees may continue working until they are incapable of performing their job. In these circumstances the employer would need to follow the incapacity procedure as set out in Schedule 8 of the Labour Relations Act (LRA). Section 187(1)(f) of the LRA declares a dismissal of an employee based

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  • Dismissal for insubordination – a case study

    By in Article, Labour on

    The contract of employment is a reciprocal contract. This means that one promise is made in exchange for another, and one obligation is incurred in exchange for the other. The employee works in exchange for remuneration; the employer remunerates the employee in exchange for the employee offering to place his labour potential at the disposal and under the control of

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  • Information Leaks – what does the law say?

    Much has been written about the Protection of Personal Information Act (POPI), its effect on direct marketing and the consequences of unlawful use and processing by responsible parties. Despite this, in the case of MiWay v King Goodwill Zwelithini, MiWay found itself under the scrutiny of the Information Regulator when a telephonic conversation between one of its sales agents and

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  • 2018 Annual Price Increase

    By in Newsroom on

    SEESA is announcing the annual price increase today. This increase is applicable to all SEESA clients excluding Skills Training memberships. We are proud to announce that through strategic management, careful planning and analysis and our ongoing commitment to our clients we were able to keep the increase to the lowest margin in 2 years. Once again we’d like to thank

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  • Payroll with no licencing or annual fees

    Since we’ve launched our own cloud-based payroll software for SEESA clients, the response has been amazing! We would like to emphasize that our online payroll system, Payroll by ProFile, is a completely FREE service to select SEESA clients, depending on your service package. SEESA will not invoice you for setup, technical assistance or licencing fees. Our new cloud-based payroll system

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  • Repair, Replace or Refund – who’s choice is it?

    The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided that the dispute relates to

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  • The importance of Supply Chain Management for B-BBEE

    By in Article, BEE on

    All entities participating in the Broad-Based Black Economic Empowerment (B-BBEE) verification process are aware of how important preferential procurement is to the entity’s scorecard, and the level they will obtain. Keeping this in mind, entities should always ensure that they have a proper supply chain as well as supply chain management system in place. All employees working with suppliers and

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  • Racist language in the workplace – a case study

    By in Article, Labour on

    The Constitutional Court of South Africa recently held that referring to a colleague as a “swart man” was racist and derogatory in the circumstances and justified the dismissal of the employee who uttered the words. Case: In Rustenburg Platinum Mine v SAEWU obo Meyer Bester and Others ZACC 13 Mr. Bester (a senior training officer at a mine) had

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  • The employers guide to: Discovery during disciplinary hearings

    By in Article, Labour on

    It is common cause that the employer, as a general rule, does not have a duty to discover certain documents or materials such as video footage and other recordings to the employees and/or their representatives. Discovery refers to the disclosure of certain evidential material that any of the parties to a dispute intends to use in support of their case

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  • Misconduct during a disciplinary hearing – what now?

    By in Article, Labour on

    Can an employee be dismissed for serious misconduct committed during a disciplinary hearing? A case study: The Labour Appeal Court (LAC) in the case of Ekurhuleni Metropolitan Municipality v South African Municipal Workers Union and Others recently decided the former issue but refrained from making a finding on the issue. The employee, Skhosana, in the case had been charged with

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  • The employers guide to: Changes to the Skills Element of the Amended BEE Sector Codes

    By in Article, BEE on

    The Amended Agri-BEE Sector Code of Good Practice (“Agri-BEE Code”) was gazetted on 8 December 2017 with immediate effect. The elements that differ most from the Amended Codes of Good Practice are found in the Ownership, Skills and Supplier & Enterprise Development Elements. Exempted Micro Enterprises (EMEs) with a turnover less than R10 million, and Qualifying Small Enterprises (QSEs) with

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  • Free BEE Information Seminar hosted in PE

    By in BEE, Newsroom on

    SEESA BEE is proud to announce the next free BEE Information Seminar to all South African business owners. Are you 100% on par with your BEE structures and plan? Can you confidently talk about BEE and your business? Do you feel completely comfortable with the reality of BEE in the South African business landscape? If you answered “no” to any

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  • Personal Information in your Health and Safety File – what does the law say?

    Requirements for the processing of Personal information in Terms of the POPI Act. The Protection of Personal Information Act, Act No.4 of 2013 (POPI) provides for a legal framework in terms of which information of a personal nature, held of any data subject, which includes a natural living or juristic person should be dealt with in a confidential way. The

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  • Is offering a plea bargain regarded as inconsistent?

    By in Article, Labour on

    Would it be an inconsistency if the co-perpetrator is given a lesser sentence should the employee testify? Section 3 (6) of Schedule 8 of the Labour Relations Act (LRA) provides that the employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently

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  • Proposed Amendments to the Codes of Good Practice

    By in Article, BEE on

    The Department of Trade and Industry have published the following 2 draft statements on 29 March 2018: Amend the following Draft Statement 000, Code Series 000 of 2018 (Gazette No.41546) Amend the following Draft Statement 300, Code Series 300 of 2018 (Gazette No. 41546) Both these draft statements are open for 60 days from the date of publication for public

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  • The importance of having a social media policy in the workplace

    By in Article, Labour on

    With the explosion of social media, challenging obligations and responsibilities can be created. Employees can express themselves about literally anything, and some of these views could damage a company. So, how to do deal with an employee who does something wrong on a social networking site? The common law rules of defamation apply equally to all social network sites and

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  • Online Data Leaks – how can you protect your business?

    Many business owners remain oblivious as to the purpose of the Protection of Personal Information (POPI) Act. If asked, these corporate bodies may admit to have a mere partially defined data protection plan in the workplace. Countless more business owners have yet to learn of the POPI Act’s existence. Recent events have highlighted data security as an ever growing concern

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  • Employer’s Guide to WhatsApp groups in the workplace

    By in Article, Labour on

    WhatsApp became a household brand when the instant messaging platform reached 1.5 billion users worldwide in January 2018. It is no surprise that for some time now employers have seen the benefit of using this app as a preferred communication platform with and among employees. While instant messaging with individuals or larger audiences in ‘group chats’ has many advantages, it

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