Blog

  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • Skills Development and BEE – a perfect combo

    By in Article, BEE on

    With Skills Development as a priority element on the Broad-Based Black Economic Empowerment (B-BBEE) Scorecard, you now have the opportunity to earn 30 vital points. This means you must emphasise the Skills Development element and at least meet the 40% sub-minimum required as a Priority Element. Should you fail in doing so, you’ll be discounted 1 level which may lead

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    by Chante Hobbs
  • Employees can’t work because of bad weather? Here’s what to do

    By in Article, Labour on

    What happens if the weather is of such a nature that the employer’s operational requirements cannot continue or even commence? What should the employer do when employees are unhappy or dispute their remuneration effected by the weather? The answer for employers: A system of lay-off The contract of employment should make provision for a system of lay-off clause for circumstances

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    by Chante Hobbs
  • 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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    by Chante Hobbs
  • Will the Amended Construction Sector Codes affect your business? Ask these 3 questions to know.

    By in Article, BEE on

    The publication of the Amended Construction Sector Charter in December 2017 changed the status quo for the construction industry. How do you know whether you will be subject to the provisions of the Amended Construction Sector Code? Ask yourself these 3 questions: Do you operate in the Construction Sector? The Construction Sector includes all enterprises that derive more than 50%

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    by Chante Hobbs
  • The employers guide to: Handling employees when you get liquidated

    By in Article, Labour on

    What happens to employees when a business goes bankrupt? In the normal sphere of the law, a business needs to start retrenchment proceedings if there is financial difficulties and there is no other way of getting around it. If a business is liquidated, the retrenchment process isn’t always followed. Section 38 of the Insolvency Act, as amended, is our primary

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    by Chante Hobbs
  • What should be on your product label?

    When the Consumer Protection Act (CPA) came into effect in 2011 it introduced a number of changes to existing trade- and consumer practices, seeking to regulate consumer affairs more readily and protect consumer rights. One area in particular which the CPA has affected is that of product labelling and trade descriptions. What is a trade description? The CPA defines a

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    by Chante Hobbs
  • The Employer’s Test: Employee or Independent Contractor?

    By in Article, Labour on

    The Employer’s Test: Employee or Independent Contractor? It is important to distinguish between employees and independent contractors because their status determines their remuneration and how they pay taxes. An independent contractor is an independent business person who runs his or her own business but who does work for another business. An employee is hired by a company to perform specific

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    by Chante Hobbs
  • Disappearing Data Bundles – NCC stands firm

    At a recent public hearing on draft regulations proposed for data expiry and out-of-bundle billing, the National Consumer Commission (NCC) stated their view that data bundles should have a minimum expiry period of 3 years, in line with Section 63 of the Consumer Protection Act (CPA). In some cases in the telecommunications industry, data bundles expire as soon as 30

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    by Chante Hobbs
  • Restraint of trade – is it worth the paper it’s written on?

    By in Article, Labour on

    All employers should consider whether or not to include a restraint of trade in an employment contract. Companies normally include a restraint to ensure the financial future of a business. This is done without proper consideration being made to the needs of the company, what a restraint entails, when a restraint is applicable or when and how it is enforced.

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    by Chante Hobbs
  • We’re ending Twitter – here’s why

    By in Article, Newsroom on

    The SEESA Public Relations Officer conducted a comprehensive analysis of all our communication platforms early in 2018. The goal was simple – to determine what works for our audiences, and what doesn’t. A comparison of analytics from the past 2 years (2016-2017) showed that the SEESA Twitter account is consistently underperforming. The account was measured against other communication platforms for

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    by
  • How to use Private Equity Funds to better your BEE score

    By in Article, BEE on

    Broad-Based Black Economic Empowerment (B-BBEE) Ownership has become a reality to most companies operating in South Africa. As a result of the pressure for businesses to produce not only compliant BEE certificates, but certificates which provide a good score on the procurement element of their client’s BEE ratings, together with the downgrading of the recognition level of a business who

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    by Chante Hobbs
  • The employers guide to: Alcohol and narcotics in the workplace

    By in Article, Labour on

    Many employers are faced with the problem of employees consuming drugs or alcohol at the workplace while on duty, or before reporting for duty, with all sorts of excuses such as it ‘is from the night before’ or it being ‘cough mixture’. How can employers best handle this situation? The solution is as simple as a proper workplace policy. Alcohol

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    by Chante Hobbs
  • What does the POPI Act Draft Regulations mean for you?

    After the Protection of Personal Information (POPI) Act Draft Regulations were gazetted in September 2017, they are expected to be published in April 2018 after comments and suggestions were considered. The Draft Regulations are basically more detailed rules and procedures on the practical application of the POPI Act. An assessment of the Draft Regulations demonstrate that they are practical and

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    by Chante Hobbs
  • Ordinary working hours: be careful what you enforce

    By in Article, Labour on

    Employers often assume that their employees should be working 45 hours per week. Subsequently, they implement new contracts and use the phrase “but the law states you should be working 45 hours per week”. This is a common misconception in the workplace. While the Basic Conditions of Employment Act (BCEA) has certain prescriptions for working hours, it cannot be enforced

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    by Chante Hobbs
  • SocEd athlete makes triathlete history

    By in Article, Newsroom on

    The SEESA socio-economic development initiative, SocEd, is committed to supporting great South African athletes on their journey to become the best in their sport. SocEd is involved with several donations and sports development programmes across South Africa and supports several developing athletes at school- and university level. Getting involved with athletes’ training only isn’t enough – no athlete can concentrate

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    by
  • Kids on the move with #TeamSEESA

    By in Article, Newsroom on

    The SEESA socio-economic development initiative, SocEd, is getting kids on the move across South Africa. In February 2018 SocEd donated bicycles and cycling gear to community initiatives in Hartbeespoortdam and Pretoria as part of their commitment – creating a brighter future for children through physical development. As avid and accomplished athletes this is a cause close to #TeamSEESA’s heart as

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    by
  • The amended B-BBEE Construction Codes have been gazetted with immediate effect

    By in Article, BEE on

    Companies must ensure that they adhere to all the requirements when making contributions toward Socio-Economic Development (SED) to obtain the maximum points available. You need to determine what type of entity your business will be classified as. The thresholds for Qualifying Small Enterprises (QSEs) are: For Contractors – a total annual revenue of between R10 million and R50 million per

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    by Chante Hobbs
  • The employers guide to: ill health incapacity

    By in Article, Labour on

    First – what is ill health incapacity? Incapacity due to ill health refers to a situation where an employee is unable to carry out or perform their contracted obligations due to an illness or injury. Incapacity on the grounds of ill health maybe temporary or permanent. What must employers do? When faced with an ill health incapacity enquiry, the employer

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    by Chante Hobbs
  • Everything you need to know about reversing a transaction

    Did you know there are 3 statutory cooling-off periods to protect consumers? There are 3 statutory cooling-off periods to protect consumers. The right to a cooling-off period enables consumers to reverse a transaction without any penalty. These 3 cooling-off-periods are prescribed by the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communication and Transaction Act 25 of 2002 (ECTA)

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    by Chante Hobbs
  • Can an employee withdraw their resignation?

    By in Article, Labour on

    Resignation is topic that often repeats itself. Employers often want to know – can an employee withdraw their resignation? Disciplinary action and resignation goes hand in hand Employees often overreact when they are served with a notice to attend a disciplinary hearing and impulsively opt to rather resign than to endure the scrutiny of a disciplinary hearing. The question remains

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    by Chante Hobbs
  • Using a General Incapacity Procedure – a practical illustration

    By in Article, Labour on

    General incapacity has become a big discussion point in all relevant forums as the term ‘general incapacity’ is not specified in Schedule 8 of the Labour Relations Act (LRA). The concept of general incapacity entails that there are some external factors that preclude an employee from performing his duties, the result of which might make the continued employment of the

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    by Chante Hobbs
  • Amended Construction Exempted Micro Enterprise (EME)

    By in Article, BEE on

    In terms of the Broad-based Black Economic Empowerment (B-BBEE) Amended Construction Sector Code, specific thresholds determine whether an entity is classified as an Exempted Micro Enterprise (EME) for Built Environment Professionals (BEPs) and Contractors. These thresholds are: Type Turnover Black Ownership Level BEP Below R6 Million Below 30% 5 BEP Below R6 Million 30% – 50% 4 BEP Below R6

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    by Chante Hobbs
  • Maternity leave and failed pregnancies – what does the law say?

    By in Article, Labour on

    Although this is a sensitive topic, it is one that occurs regularly and is often handled wrong because of the ignorance of the law. The relevant law here is the Basic Conditions of Employment Act (BCEA). This Act, read together with the Constitution of South Africa, protects the rights of pregnant woman in the workplace. Section 25 of the BCEA

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    by Chante Hobbs
  • How to handle broken goods according to the CPA

    By in Article, Consumer Protection & POPI on

    It often happens that, after purchasing an item, we discover that it is broken. Our first reaction is to return it to the shop we bought it from and get our money back, right? Not always. Section 56 of the Consumer Protection Act (CPA) provides an automatic warranty whereby all goods may be returned to the supplier without penalty and

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    by Chante Hobbs
  • Reach your BEE Targets before the Financial Year End

    By in Article, BEE on

    Qualifying Small Enterprises (QSEs) and Generic Entities should ensure that all targets are met on Skills, Supplier and- Enterprise Development and Socio-Economic Development before the end of their financial year. Targets that must be spent is indicated by the measured entity’s applicable sector (if any). Targets do vary for each entity based on their industry and the type of entity,

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    by Chante Hobbs
  • Think like a lawyer: ask yourself these 5 questions when handling misconduct

    By in Article, Labour on

    Whenever you need to take disciplinary action against an employee for alleged misconduct there are 5 important factors you (the employer) should take into consideration. Before any action is instituted against an employee, ask yourself these 5 questions: Is there a rule? The obligation is on the employer to prove that he/she did implement a rule. For example, if there

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    by Chante Hobbs
  • A healthy mind and body – we’re invested

    By in Newsroom on

    As the old adage goes – children are the future. So let’s start by giving them a leg up, today. At Jacaranda Children’s Home and Louis Botha Children’s Home, roughly 350 kids are being cared for. The homes provide their children with a stable environment as far as possible and through their various initiatives help kids grow into strong, independent

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    by
  • Shaping children’s lives through cycling

    By in Newsroom on

    Ask any cycling fanatic – there are few things a bike ride can’t fix! Meerhof School in Hartebeespoortdam is using cycling to uplift and empower their children in a unique way. They recently received 10 mountain bikes for their cycling program led by Ms Lona Liebenberg of Meerhof School. SocEd, a non-profit organization of SEESA, donated 10 bicycles to this

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    by
  • Fixed term agreements – know your rights

    The Consumer Protection Act (CPA) has had a great impact on fixed term agreements in South Africa. Suppliers can no longer bind consumers to fixed term agreements as they did in the past. Section 14 of the CPA regulates fixed term agreements (though it doesn’t apply to all fixed term agreements). What are the rights of the consumer and the

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    by Chante Hobbs
  • Negligence vs gross negligence

    By in Article, Labour on

    What is ordinary negligence? What is gross negligence? Is negligence a disciplinary offence? When is dismissal for negligence justifiable? If you can’t answer all these questions, read on. Gross negligence is a knowing and voluntary disregard of the need to exercise reasonable care, which is likely to cause foreseeable serious injury or harm to persons, property or the employer. It is

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    by Chante Hobbs
  • How to transfer your business the right way

    By in Article, Labour on

    Section 197 of the Labour Relations Act (LRA), 1995 deals with transferring a business from one employer to another employer as a going concern. What constitutes a “going concern”? This question is not answered by the LRA but can be determined, it seems, by reviewing the following factors: The intention of the transferring parties. The continuity of the operation, for

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    by Chante Hobbs
  • What is the BEE Commission?

    By in Article, BEE on

    As a result of fronting among business owners in all industries, the establishment of a Broad-Based Black Economic Empowerment (B-BBEE) Commission was announced in October 2015 by the Minister of Trade and Industry. The BEE Commission has a mandate to investigate and deal with fronting, fraud, and other BEE transgressions. Along with policing, fronting and fraud, the BEE Commission assesses

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    by Chante Hobbs
  • Expired or lapsed warnings when applying progressive discipline

    By in Article, Labour on

    The South African Labour author John Grogan states that employees have an obligation to provide the employer with their labour, to obey reasonable instructions, to act in good faith and perform their duties. The function of discipline in the employment context is to ensure that the individual’s employees contribute effectively and efficiently to the goals of the company. Progressive discipline

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    by Chante Hobbs
  • All Sector Codes except for Transport aligned with the amended Codes Of Good Practice

    By in Article, BEE on

    It will be fair to say that 2018 started with much more certainty than 2017 did. At the same time last year various Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes were only in draft format and not yet aligned with the amended Codes of Good Practice. Out of a planning and budgeting point of view, it made life very difficult

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    by Chante Hobbs
  • Protecting your employees against Sexual Harassment

    By in Article, Labour on

    As an employer you have a duty to ensure a safe working environment for your employees – this includes protecting your employees against potential sexual harassment. The Employment Equity Act No 55 of 1998 (EEA) classifies harassment based on sex or gender as unfair discrimination which is strictly prohibited in the workplace. The legislature introduced the Code of Good Practice

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    by Chante Hobbs
  • Should your business accept crypto currencies?

    These days, all everybody is talking about is the huge growth and profits that is being experienced on the financial stock market in crypto currencies. The frontrunner of the phenomenon, Bitcoin, has surpassed the $20,000 mark in December 2017 and also lost a lot of ground in that same month. Since the start of the crypto currency age we have

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    by Chante Hobbs
  • Legal implementation and the ombud: A second take

    By in Article, Consumer Protection & POPI on

    The previous article on this topic Legal Implementation and the Ombud, the impression was that the writing is on the wall. It remains to be seen whether the judgement will be interpreted correctly between the parties involved in any litigation struggle, and whether this case will allow for a different interpretation of the relevant Sections in the Act. Never the

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    by Chante Hobbs
  • Retirement: What does the Labour Law say?

    By in Article, Labour on

    When it comes to employees’ retirement, South African labour legislation does not make any provision for a retirement age. This subject is the most common one to be neglected or ignored by employers – especially where a retirement age was agreed upon in an employment contract between the employer and the employee. If the employment contract does not make any

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    by Chante Hobbs
  • Christmas Party for Soweto Animal Rescuers

    By in Article, Newsroom on

    This article originally appeared on www.peoplemagazine.co.za – click here to read the full article. On a Saturday December 2, a Christmas party at SARAC was held for a special bunch of kids who fearlessly protect those who can’t speak for themselves. These kids, known as Jerry’s Rangers, are the voices of abused animals in the townships. They selflessly volunteer their

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    by
  • Everything you need to know about the new Construction Codes

    By in Article, BEE on

    The amended Broad-Based Black Economic Empowerment (B-BBEE) Construction Codes have been gazetted on 1 December 2017 by the Department of Trade and Industry. These Codes were implemented with immediate effect. These amended Codes bring some regulatory changes for Exempted Micro Enterprises (EMEs). When does an entity qualify as an EME? An entity will qualify as an EME if they are:

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    by Chante Hobbs
  • Getting the disciplinary hearing right

    By in Article, Labour on

    In order to establish the conduct employers expect from their employees in the workplace, all employers must adopt disciplinary procedures (according to the Code of Good Practice Schedule 8.3(1)). These rules must be consistent and in larger businesses disciplinary processes are expected to be more formalised in terms of disciplinary hearings. What constitutes a disciplinary procedure? There is no set

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    by Chante Hobbs
  • Planning for BEE – why it can’t wait

    By in Article, BEE on

    We are almost at the end of another year, which means that we are getting closer to the end of the financial year. It is very important for businesses to remember to make all the required contributions towards their B-BBEE verification before the end of their financial year. With the correct planning and budgeting you will not get caught at

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    by Chante Hobbs
  • #TeamSEESA gives back with Hot91.9FM

    By in Newsroom on

    Together with @Hot91.9FM radio, #TeamSEESA are giving back and changing lives! This morning we met in studio with Jerry Selwane of Soweto Animal Rescue and Advisory Center (SARAC). SARAC works mainly in Soweto (but has undertaken countrywide operations) to not only rescue neglected or abused animals and prevent and prosecute dogfighting rings and syndicates but also to educate the community on responsible

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    by
  • The Employers Guide to: Terminating an Employment Contract during the Annual Shutdown

    By in Article, Labour, Uncategorized on

    As we are nearing the end of the year, many employers will embark on an annual shutdown of their businesses and all employees are expected to take their annual leave during this period. What will happen in the event where an employee gives his notice to terminate his contract of employment right before the commencement of the annual shutdown period?

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    by Chante Hobbs
  • Your business information was hacked – what now?

    The Protection of Personal Information Act No. 4 of 2013 (POPI) specifically refers to instances where personal information has been compromised. Once the POPI Act came into effect, businesses have an obligation (in terms of Section 22 of the POPI Act) to notify the Regulator and the data subject once it believes or is aware that personal information of a

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    by Chante Hobbs
  • Paternity leave may soon be standard

    By in Article, Labour, Uncategorized on

    An extract from the proposed amendments to leave provisions in the Basic Conditions of Employment Act. Fathers play an important role in the upbringing of their children. However, this sentiment does not seem to be supported by the current leave provisions in the South African labour law. No provision for paternity leave is made in legislation and adoptive parents and

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    by Chante Hobbs
  • Can I return altered goods?

    The Consumer Protection Act (68 of 2008) (CPA) gives all goods sold to a consumer a statutory warranty of 6 months. What happens if the consumer tampers with the product to the extent that the supplier is unsure if the product broke due to a manufacturing defect or from the tampering by the consumer himself? Case Study A good example

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    by Chante Hobbs
  • The Right to Strike in South Africa

    By in Article, Labour, Uncategorized on

    “Collective bargaining without the right to strike amounts to collective begging. It is thus imperative that if workers cannot collectively refuse to work, they cannot bargain collectively.” What does the law say regarding employees’ right to strike, and what are the corresponding rights and duties of the employer? Law relating to the right to Strike The right to strike is

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    by Chante Hobbs
  • Understanding Socio-Economic Development as BEE element

    By in Article, BEE, Uncategorized on

    Socio-Economic Development forms part of the government’s Black Economic Empowerment (BEE) policy. It is the 5th element of the BEE Scorecard for both Qualifying Small Enterprises (QSEs) and Generic Entities. Socio-Economic Development contributions Socio-Economic Development (SED) contributions are any monetary or non-monetary contribution implemented for individuals (natural individual or group of natural individuals) or communities, where at least 75% of

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    by Chante Hobbs
  • Everything you need to know about overtime payment, answered in 8 questions

    By in Article, Labour, Uncategorized on

    What is overtime? Overtime is regarded as all hours that employees work in excess of their normal hours. The Basic Conditions of Employment Act (BCEA) limits normal time to a maximum of 45 hours per week, but normal time can also be agreed upon between employer and employee, for lesser normal hours per week. This limitation simply means that employees

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    by Chante Hobbs
  • What you see is what you pay – what if the price is displayed wrong?

    With the cost of living increasing, many South Africans are always on the lookout for a bargain. Therefore, it comes as no surprise that when a consumer sees an incorrect price marked on a product, they insist that the goods should be sold at that price. Unfortunately, this is a common problem faced by many retailers as mistakes do happen.

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    by Chante Hobbs
  • How to strike legally

    By in Article, Labour on

    The Labour Relations Act, No 66 of 1995 (LRA) defines a strike as “the partial or complete concerted refusal to work, or the retardation or obstruction of work by persons, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee.”. It is important to note that strikes

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    by Chante Hobbs
  • Preferential procurement: What you need to know

    By in Article, BEE on

    Total Measured Procurement Spent (TMPS) is calculated based on the figures reflecting in your Annual Financial Statements under consideration. The TMPS is weighed against the various indicator targets. How is procurement calculated? Procurement is calculated on purchases and not payments, further taking into account purchase returns excluding VAT. In the case of imported goods, purchases in South African currency excluding

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    by Chante Hobbs
  • Opportunistic trade unions and their rights in the workplace

    By in Article, Labour on

    The right to freedom of association and the guaranteed right to form and join trade unions and to engage in activities related thereto in terms of the South African Constitution, are intrinsic aspects of the labour relationship between an employer and employee. It also forms a fundamental right in terms of the Bill of Rights of the Constitution. It is

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    by Chante Hobbs
  • Draft Regulations for the POPI Act published – what you need to know

    On 8 September 2017, the Department of Justice and Constitutional Development published the Draft Regulations regarding the protection of personal information under Section 112(2) of the Protection of Personal Information (POPI) Act 4 of 2013. Important sections of the POPI Act have already been implemented and is operational, for instance the sections that brought the Information Regulator to life. What are

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    by Chante Hobbs
  • Changes to the Whistle Blowers Act – how it impacts employers and employees

    By in Article, Labour on

    Amendments to the Protected Disclosures Act (Act No. 5 of 2017: Protected Disclosures Amendment Act, 2017) was approved on 2 August 2017. This Act is commonly referred to as the ‘Whistle Blowers Act’. How has the Whistle Blowers Act been amended and how do they impact employers and employees? Amendments to the Whistle Blowers Act Scope The scope of the

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    by Chante Hobbs
  • Submitting an Employment Equity Report

    By in Article, BEE on

    A key aspect for an entity who wants to score points under Employment Equity, and who wants to qualify as an Empowering Supplier, is to understand when he is required to submit an Employment Equity Report to the Department of Labour. Designated Employers For both a Qualifying Small Enterprise and Generic Enterprise, it is important to understand the definition of

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    by Chante Hobbs
  • When can you employ children?

    By in Article, Labour on

    The Occupational Health and Safety (OHS) Act of 1993 defines a “child” as a person who is under 18 years of age. When is it legal? A ‘child worker’ is any child who is employed by or works for an employer and who receives or is entitled receive any remuneration or who works under the direction or supervision of an

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    by Chante Hobbs