Blog

  • #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
  • The Employer’s Guide to: Grounds for Fair Dismissal

    By in Article, Labour on

    When it comes to dismissing employees there are different routes to follow – all of which must be correct by law, substantively fair and procedurally fair. The Labour Relations Act (LRA) recognises 3 grounds for fair dismissal: Misconduct Operational requirements Incapacity A dismissal for incapacity and operational requirements are considered ‘no fault’ dismissals. Dismissal for misconduct is based on the

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    by Chante Hobbs
  • The Tenant and the Landlord – what’s your rights?

    By in Article, Consumer Protection & POPI on

    The introduction and implementation of the Consumer Protection Act (CPA) has had seemingly profound effects on the relationship between the landlord and tenant. Section 14 of the CPA regulates fixed-term consumer agreements, which in respect of property rentals will be applicable to fixed-term lease agreements for the rental of residential properties. Before the CPA was promulgated, landlords were at liberty

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    by Chante Hobbs
  • The disciplinary hearing initiator’s guide to disclosing evidence and fair hearings

    By in Article, Labour on

    A disciplinary hearing is an internal process where substantive and procedural fairness must be applied in all cases. Altough the rules applied in a court of law and the rules for a disciplinary hearing are not the same, there are similarities. The matter of fairness Substantive fairness looks at the consequences of an employee’s misconduct in the workplace. Procedural fairness

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    by Chante Hobbs
  • Is your BEE Strategy in place?

    By in Article, BEE on

    4 questions you need to ask yourself before 2017 ends. For most entities there are only 6 months left before the end of the current financial year – and only 4 months before the start of the festive season. Before you can even think of going into holiday mode you have to ask yourself the following questions: Did I submit

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    by Chante Hobbs
  • Die rol van Vrystellingsklousules, Voorwaardelikhede en Skadeloosstellings in SA

    Hierdie artikel kyk kortliks na die rol, aard en uitwerking van vrystellingsklousules, afkeurings en skadeloosstellings (hierna verwys as ‘klousules’) in Suid-Afrika. ‘n Vlugtige oorsig ‘n Klousule wat die aanspreeklikheid van ‘n persoon of maatskappy, wat in ‘n skriftelike ooreenkoms vervat is, uitsluit of beperk, word as ‘n vrystellingsklousule verwys, en wanneer dit by wyse van kennisgewing vertoon word, word dit

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  • The role of Exemption Clauses, Disclaimers and Indemnities in SA

    This article briefly looks at the role, nature, and effect of exemption clauses, disclaimers and indemnities (collectively referred to as ‘clauses’ herein after) in South Africa. A brief overview A clause excluding or limiting the liability on the part of a person or company contained in a written agreement is referred to as an exemption clause, and when it is

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  • Uiteensetting van die nuwe Voorkeur Aankope Beleidsraamwerk (Gedeelte 2)

    By in Article, BEE on

    ‘n Vorige artikel het gekyk na die nuwe Voorkeur Aankope Beleidsraamwerk Wet, 2000: Voorkeur Aankope Regulasies, 2017 (die Wet). Dit is baie belangrik vir besighede wat gereeld deelneem aan die tender proses om van al die aspekte van die toepassing van die Wet bewus te wees wanneer aansoek gedoen word vir ʼn tender. Regulasie 4 van die Wet bepaal dat

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  • Explaining the new Preferential Procurement Policy Framework (Part 2)

    By in Article, BEE on

     A previous article looked at the new Preferential Procurement Policy Framework Act, 2000: Preferential Procurement Regulations, 2017 (PPPFA). It is very important that businesses who often participate in tender processes are aware of all the aspects and applications of the PPPFA when submitting a tender. In Section 4 of the PPPFA it determines that when an organ of State decides

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  • Die effek van stereotipering in die werksplek

    By in Article, Skills Training on

    Stereotipering (veralgemening) is ‘n oorvereenvoudige, gestandaardiseerde geestelike prent wat geprojekteer word op al die lede van ‘n groep. Stereotipes word dikwels geskep van mense van spesifieke kulture of rasse. Dit is egter nie net op verskillende rasse en agtergronde gemik nie – geslagstereotipes bestaan ​​ook in die werksplek en mag ‘n nadelige effek op jou werksmag hê. Impak van stereotipes

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  • The effects of stereotypes in the workplace

    By in Article, Skills Training on

    A stereotype in an oversimplified, standardised mental picture that is projected onto members of a group. Stereotypes are often created about people of specific cultures or races. However, these are not just centred on different races and backgrounds – gender stereotypes also exist in the workplace and may have detrimental effects on your workforce. Impact of stereotypes on employees Stereotyping

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  • Daar is plek vir operasionele ongeskiktheid in ons reg

    By in Article, Labour on

    Kan jy ʼn werknemer ontslaan as hy nie beskik oor ʼn spesifieke kwalifikasie, wat deur wetgewing vereis word, om die werk waarvoor hy in diens geneem is te kan doen nie? Ter illustrasie Situasie: X is ʼn drywer van swaar voertuie. Ten einde sy werk te kan verrig moet hy ten alle tye in besit wees van ʼn bestuurders lisensie

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  • There is a place for operational incapacity in our law

    By in Article, Labour on

    Can you dismiss an employee if he does not possess a specific qualification, required in terms of Legislation, to do the work for which he was employed for? To illustrate Scenario: X is a driver of a heavy duty vehicle. In order to do his work, he must at all times be in possession of a valid driver’s license and

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    by
  • The Employer’s Guide to: Unilateral changes in conditions of employment

    By in Article, Labour on

    Employers are often faced with a situation where they want to change certain aspects (or even entire aspects) of an employee’s conditions of employment. Some employees work for long periods of time and, as times change, so does the employment context. A complaint that often arises is that the employer has made a form of unilateral change to the original

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    by Chante Hobbs
  • The Constitutional Right to Privacy over the Right to Sell – what does this mean for your marketing?

    By in Article, Consumer Protection & POPI on

    The constitutional right to privacy (Section 14) embodied by the Protection of Personal Information (POPI) Act received judicial backing from the Constitutional Court in the matter of Black Sash Trust vs The Minister of Social Development and others. Not only did the Court order that the social grant beneficiaries’ right to privacy and ownership of their personal information be ensured,

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    by Chante Hobbs
  • Gossip and harassment in the workplace

    By in Article, Labour on

    Office gossip is becoming a prevalent problem across the workplace in South Africa. Can employees be dismissed for gossip and harassment? South African law has no specific legislation dealing with gossip. However, employers should have a proper and specific policy in place stipulating that disciplinary action will be taken which may lead to the dismissal of the guilty party. Section

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    by Chante Hobbs
  • UJ student receives R100 000 Accounting Bursary

    By in Article, Newsroom on

    Penelope Lekgau received a R100 000 study bursary from SEESA in collaboration with Hot91.9FM in September 2017 to continue her studies at the University of Johannesburg and realize her dream of becoming a Chartered Accountant. During August 2017, SEESA and Hot91.9FM called for nominations of students who are studying, or wishes to study, towards becoming an accountant to win a

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    by
  • The Draft Construction Sector Codes: EMEs and QSEs deconstructed

    By in Article, BEE on

    An in-depth look at the Draft Construction Sector Codes for EMEs and QSEs Deconstructing the Draft Construction Sector Codes A complete overview of BEE for BEPs and Contractors in the Construction Sector The Draft Construction Sector Codes What does it mean for BEPs and Contractors and their BEE scores?   Definitions Built Environmental Professionals (BEPs) are enterprises that conduct the

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    by Chante Hobbs
  • 7 aspects your POPI policies must address

    In today’s digital age, companies have access to diverse information – internal information, employee information, client information, information of suppliers and information of patients. It is of utter importance that within each business, internal structures and procedures are in place to deal with obtaining-, storing- and destroying information in compliance with relevant regulations. The Protection of Personal Information (POPI) Act

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    by Chante Hobbs
  • When goods go missing

    By in Article, Labour on

    Employers engaged in the commercial activity of transporting goods to customers are often troubled by the high scale of theft or goods ‘disappearing’ without any plausible explanation from those entrusted with the safekeeping and delivery of such goods. Upon convening a disciplinary hearing, employers are uncertain – should they act gradually, or discharge the employee? In Mkhabela v Super Group

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    by Chante Hobbs
  • Supplier Development and the Draft Amended Construction Sector Code

    By in Article, BEE on

    The Draft Amended Construction Sector Code is not yet in effect. However, companies should be aware of the changes as these codes could be gazetted at any time and once gazetted it will be of immediate effect. The Draft Construction Sector Code does differentiate between Built Environment Professionals (BEPs) and contractors. BEPs include enterprises such as consulting engineers, architects, and

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    by Chante Hobbs
  • Retirement vs Termination due to age – what’s the difference?

    By in Article, Labour on

    Section 187 of the Labour Relations Act (LRA) sets out dismissals which are considered to be discriminatory if it is based on race, sex, gender, religion and age. Discriminatory dismissals could result in the employer facing an award of up to 24 months’ compensation due to the dismissal being unfair. South African labour legislation does not directly contain provisions about

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    by Chante Hobbs
  • Expert opinion: Pitfalls when firing an employee

    By in Article, Labour, Newsroom on

    When you need to terminate an employee’s services, do you know what to avoid or what pitfalls there are? Anton Brüne, SEESA Labour National Manager, contributed to a list of expert opinions on pitfalls when firing an employee. Here are his top 10 common mistakes employers make when firing an employee: South Africa’s Labour Laws are some of the most stringent in

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    by
  • Skills Development and when will it count

    By in Article, BEE on

    When must Skills Development Expenditure be spent and when must training be completed when planning your verification? According to Broad-based Black Economic (B-BBEE) verification agencies, businesses must ensure that the following is in place and completed if they want to claim points under the Skills element for the B-BBEE verification: Training must be paid for in the financial year you

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    by Chante Hobbs
  • The risks of unmanaged staff

    By in Article, Labour on

    In the ever changing labour market and in a market that is driven by work being done faster, many employers have found themselves in a situation where employees are in many cases ill-managed. Employers are content with the situation as work is being done as it should be, not considering the risk they place upon themselves with staff that do

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    by Chante Hobbs
  • The employer’s guide to POPI policies

    How to implement POPI policies and what areas it must deal with in your business. As the Protection of Personal Information Act 4 of 2013 (POPI) was signed into law on 19 November 2013 with certain Sections becoming operational and with the Information Regulator Pansy Tlakula’s appointment in December 2016 it has become vital for businesses to get their affairs

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    by Chante Hobbs
  • Labour Appeal Court ruling on Temporary Employment Services explained

    By in Article, Labour on

      The employment relationship between the Temporary Employment Services (TES) and the temporary employee will transfer to the client of the TES if the temporary employee’s employment exceeds three months, was the most important part of the ruling handed down in the Labour Appeal Court on 10 July 2017. And here is why. In NUMSA v Assign Services and Others

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    by Chante Hobbs
  • Leaky emails and POPI

    In recent South African news, a well-known family has come under fire due to emails leaked to the media regarding their business practices and proximity to high-placed political figures, among a host of other issues. The question raised is whether this family has a right of recourse in terms of the Protection of Personal Information Act (POPI) against the media

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    by
  • The Labour Appeal Court Ruling that turned employer-employee relationships on its head

    By in Article, Labour on

    In a recent Labour Appeal Court ruling, which has been described as ‘a game changer’, the employer-employee relationship in so far as it relates to outsourced staff has literally been turned on its head. The position as it was When it came to legislative requirements, South African law did not specifically regulate outsourcing transactions – save for certain specific requirements

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    by
  • Press Release: Win a SEESA Accounting Bursary

    By in Article, Newsroom on

    SEESA and Hot91.9FM are giving one lucky candidate the opportunity to win a bursary to the value of R100 000 to study towards a degree in accounting. On 03 August 2017, Hot91.9FM’s Breakfast Show with Darren Scott announced that nominations are now open to stand a chance to win this bursary as part of Hot91.9FM’s #JoburgsHottestBursary campaign. For the entire

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  • Investing in the development of your employees’ skills

    By in Article, BEE on

    One of the Priority Elements that must be complied with in terms of the Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice, is Skills Development. Every entity has a certain target which must be spent under the Skills Development element. This amount must be spent during the financial year of verification to be taken into consideration for the

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    by
  • The true definition of consistency in disciplinary measures

    By in Article, Labour on

    Many employers believe that in order to remain consistent within the workplace one should impose disciplinary sanctions for similar/same forms of misconduct in an identical manner across the board. However, this is not necessarily always the case. The Labour Appeal Court has found that the crux of the consistency issue is largely that, since all employees should be disciplined by

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    by
  • The EU GDPR & the impact on South African businesses

    Corporate South Africa is still coming to terms with the practical implications of the Protection of Personal Information (POPI) Act 4 of 2013 on how businesses receive, handle and share personal information of staff and customers. The POPI Act denotes South Africa’s undertakings to bring privacy laws in line with international standards. While POPI compliance is still a very current

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    by
  • 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
  • Going with the flow

    By in Article, BEE on

    The objective of the Broad-Based Black Economic Empowerment (B-BBEE) legislation is to advance the economic transformation of South Africa. Accordingly, the Ownership element on the B-BBEE scorecard is a Priority Element – at least 40% of the Net Value target needs to be achieved in order not to be automatically discounted a level. BEE affidavits for small businesses A business

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    by
  • Responsible retrenchments

    By in Article, Labour on

    Is the economy getting your business down? Do you need to restructure your business? Are you thinking about bringing in new technology to your business? Do you have an operational detriment and do you employ more than 50 employees? If you answered yes to one of the above questions, you need to look at retrenchment in terms of Section 189A

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    by
  • Did you know? Your email can legally bind you to a contract

    One of the main aims of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) is to promote legal certainty in respect of electronic communications and transactions. Section 13(3) of the ECTA states that: “Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature

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    by
  • Insight into the CCMA

    By in Article, Labour on

    What to expect There comes a time that every employer will probably have to attend a matter at the Commission for Conciliation, Mediation and Arbitration (CCMA) at some point in their ownership of a company. This is not something that anyone wants to deal with but, unfortunately, cannot be left in hope that it will go away. The CCMA is

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    by
  • Document submission for registering major B-BBEE transactions

    By in Article, BEE on

    The B-BBEE Commission was established by the Broad-Based Black Economic Empowerment (B-BBEE) Act 53 of 2003 as amended by Act 46 of 2013, to oversee the implementation of this Act. Section 13F (1)(f) of the Act requires the B-BBEE Commission to maintain a registry of major B-BBEE transactions, above a threshold determined by the Minister by notice in the Gazette.

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    by
  • The Employer’s Guide to Probation Periods

    By in Article, Labour on

    The implementation of a probation period for new employees is a common practice within all South African companies, regardless of their size. The aim of this period is of course to evaluate the employee’s performance and to ascertain whether or not the employee is a good ‘fit’ and whether they are capable of performing their tasks and duties to the

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    by
  • Enterprise and Supplier Development: the easiest way to get a better BEE score

    By in Article, BEE on

    The Amended Codes of Good Practice came into effect on 1 May 2015 and it has been increasingly difficult for Qualifying Small Enterprise (QSE) business owners to maintain a compliant B-BBEE Certificate without Black Ownership of more than 51%. Generic Enterprises include businesses over the R50 million turnover threshold and require verification regardless of their percentage of Black Ownership. 1

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    by
  • Entrapment: A guide for employers suspecting misconduct

    By in Article, Labour on

    Entrapment: when the employer lures the employee into committing misconduct that the employee would not have committed but have done so due to the ensnaring methods of the employer. The evidence obtained by the employer can be of any kind such as video evidence, recorded telephone conversations, witnesses etc. Significant findings from case studies In Maswangyani v Mitek Industries (Pty)

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    by
  • Desertion in the Workplace

    By in Article, Labour on

    What is desertion? Desertion is when an employee remains absent from work for more than 5 consecutive days, without notifying the employer of his/her reason for the absence, and who does not have the intention of returning to work. In SABC v CCMA and Others (2002) 8 BLLR 693 (LAC) it was held that: “It is not desertion when an

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    by
  • Information Regulator of South Africa: what now?

    The Information Regulator of South Africa was created in terms of the Protection of Personal Information Act, Act 4 of 2013 on 1 December 2016. The Information Regulator has jurisdictions throughout the Republic of South Africa and must exercise its powers and perform its functions in terms of the abovementioned Act and the Promotion of Access to Information Act, Act

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    by
  • Timeshare and the CPA

    When trying to cancel a timeshare agreement, it is often a lengthy, complicated and/or expensive process resulting in members who are bound to the agreement indefinitely. Since the inception of the Consumer Protection Act (CPA), the status of timeshare agreements has been a bone of contention and 3 years later remains unresolved. As early as 2015, the National Consumer Commission

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    by
  • You missed your arbitration at the CCMA – what now?

    By in Article, Labour on

    The CCMA and Bargaining Councils have concurrent jurisdiction to hear disputes and to make awards accordingly against one of the parties to a dispute. What if one party does not show up? The party who missed the arbitration hearing may apply for a Rescission of the arbitration award made. This application can be made for the following reasons in terms

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    by
  • The role of a B-BBEE plan

    By in Article, BEE on

    Why does a company need a Broad-Based Black Economic Empowerment (B-BBEE) plan if: If they are receiving orders? Have they requested services? They already have existing clients? A B-BBEE plan is much more than the above mentioned, it can be seen as the following: A tool for how your business is put together with the main focus being compliance with

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    by
  • The importance of applying consistency in the workplace

    By in Article, Labour on

    The term consistency is often thrown around in the workplace when disciplinary action is either taken or is anticipated against an employee. The issue has far greater consequence, particularly to the employer and its finances. It has become a common ground for Union officials and employees to challenge the substantive fairness of a dismissal and/or the reasonableness with which any

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    by
  • Legal implementation and the Ombud

    The consumer today will have many means of redress, but how would these means or remedies be addressed in the legal arena of South Africa. Section 69 of the Consumer Protection Act 68 of 2008 (CPA) it provides that a consumer seeking to enforce any right in terms of the CPA or otherwise to resolve any dispute with a supplier,

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    by
  • Interpretation of sick leave

    By in Article, Labour on

    Employers are often convinced that employees are obliged to submit a medical certificate for one day’s absence and consequently withhold paid sick leave from employees if said is not received. Section 22(5) of the Basic Conditions of Employment Act (BCEA) 75 of 1997 stipulates that subject to Section 23, employers must pay employees for a day’s sick leave. Section 23(1)

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    by
  • Socio-Economic Development and the Draft Amended Construction Sector Code

    By in Article, BEE on

    The draft Amended Construction Sector Code has not yet been gazetted into law by the Minister. Enterprises should be cognisant of the targets as it may come into effect at any time and all contributions must form part of the financial year that you are to be rated on. The following are targets of what we can expect for the

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    by
  • Appropriateness of Sanction: Dismissals

    By in Article, Labour on

    In terms of the Code of Good Practice, dismissal is one of the requirements of a fair dismissal for misconduct in that the sanction imposed must be ‘appropriate’. Whilst the Code does not carry the weight of law, the Labour Relations Act 55 of 1996 (LRA), which regulates unfair dismissals, explicitly states that the Code must be taken into account.

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    by
  • Complaints Management

    In the modern society where most people have access to social media, there has been an increase in complaints against companies being lodged in the public sphere. As this may lead to a reputational risk for a business, we suggest that an effective Complaints Handling procedure is adapted in dealing with customer complaints. The process followed will be available as

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    by
  • Is an employee’s right to privacy absolute?

    By in Article, Labour on

    Privacy is a valuable aspect of personality. Data or information protection forms an element of safeguarding a person’s right to privacy. It provides for the legal protection of a person in instances where his or her personal information is being collected, stored, used or communicated by another person or institution. In South Africa the right to privacy is protected in terms of both our common

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    by
  • Amended Forestry Sector Code

    By in Article, BEE on

    The Amended Forest Sector Code has been gazetted by the Department of Trade and Industry (DTI) on the 21 April 2017. This Sector Code came into effect immediately on date of publication. Entities that are involved with commercial forestry and first level processing of wood products will have to be rated on this Sector Code. This includes the following sub-sectors:

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    by
  • My employees refuse to work overtime. What now?

    By in Article, Labour on

    As per the Basic Conditions of Employment Act (BCEA), overtime constitutes: All hours worked by an employee exceeding the employee’s normal daily/weekly hours of work if, for example, an employee is contracted to work 45 hours per week, then all hours exceeding those normal working hours will regarded as overtime. The same will apply if an employee is contracted to

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    by
  • Overbooking – Not Leaving On That Jet Plane After All

    In recent news a passenger was forcibly removed from an overbooked United Airlines flight in order to make space for four employees from a partner airline. The passenger, a doctor, had refused to give up his seat citing his need to return home to attend to his patients. The CEO of United Airlines has since apologised for the incident and promised

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  • Social Media in the workplace

    By in Article, Labour on

    In today’s age there are many platforms available in media for one to express oneself. The question that perpetuates as a result thereof is whether one can dismiss an employee in the event that derogatory comment is made on such platform in respect of the workplace. As the aforementioned is relatively new in South Africa, there is no express legislation

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  • The B-BBEE Commission

    By in Article, BEE on

    Those in the BEE advisory or consulting industry would agree that up to date, Broad-Based Black Economic Empowerment (B-BBEE) has not achieved what was originally intended. Fronting is one of the most unfortunate consequences, so the Minister of Trade and Industry gazetted the Broad-based Black Empowerment Act. In terms of this Act the B-BBEE Commission was established. The need aroused

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  • The ProFile Portal – your ticket to support

    By in Article, ProFile on

    Call centres, waiting on hold for hours or following 20 recorded voice-prompted commands and flute music are not in your future when you need help with ProFile! ProFile’s approach to business and technical support was designed with each ProFile user in mind to ensure that ProFile always helps your business run smoother, faster and more efficient. The ProFile Portal is

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  • Polygraph tests in the workplace

    By in Article, Labour on

      Employers are frequently under the impression that when an employee fails a polygraph test it is sufficient grounds to justify the dismissal of an employee. This is in fact not the case when studying case law as handed down by our Labour Courts and as a result there are certain requirements employers should take into account when considering the

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  • The right to return goods in terms of Section 56 of the CPA

    By in Article, Consumer Protection & POPI on

    he Consumer Protection Act (CPA) has had a vast impact on suppliers having to deal with difficult consumer’s not understanding the intention of Section 56 of the CPA. Section 56 imposes an implied warranty that all goods sold comply with the requirements listed in Section 55, and the supplier must, at the direction of the consumer, either: Repair or replace

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  • Fixed term contracts: The risk

    By in Article, Labour on

    A fixed term contract is one where the duration of the contract is agreed in advance between the employer and the employee. The fixed term element can also not be a specified date but can be specified upon the completion of a specific project. Many employers utilize fixed term contracts as a means of evading their statutory obligations in terms

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  • Who will be measured in terms of the Amended Construction Sector Code once it’s finalised?

    By in Article, BEE on

    The objective of the draft Amended Construction Sector Charter is to provide a framework for the Construction Sector to address Broad-Based Black Economic Empowerment (B-BBEE), enhance the capacity of black contractors, black professionals, industry workers and the community and to increase the productivity of the sector to meet the world best practices. The Construction Sector is defined as all enterprises

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  • How to deal with employees that are in jail: A Case Study

    By in Article, Labour on

    The matter was first dealt with in Trident Steel (Pty) Ltd v CCMA and others (2005) 26 IJL 1519 (LC). In this case the Labour Court held that such an employee cannot be dismissed because his absence was beyond his control. In other words, dismissal based on absenteeism would be unfair. This issue has been raised again in NUM obo

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  • Roelof le Roux (SEESA Financial Director) and Darren Scott from Hot91.9FM on the station's Breakfast Show after announcing the SEESA sponsored bursary nominations are now open

    Press Release: Focus on the future with tertiary learning opportunities from SEESA

    Focus on the future with a study bursary from SEESA SEESA and Hot91.9FM are collaborating in April 2017 to provide one lucky candidate with the opportunity to win a bursary to the value of R100 000 to study towards a degree in Accounting. On 06 April 2017, Hot91.9FM’s Breakfast Show with Darren Scott announced that nominations are now open to

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  • Wear and tear on vehicles

    By in Article, Consumer Protection & POPI on

    Most consumers are aware of their rights in terms of Section 55 of the Consumer Protection Act (CPA), which states that each person has the right to receive: Goods that are suitable for the purpose for which they were intended, of good quality and free from defects, and usable and durable for a reasonable period of time. What most consumers

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  • Constructive Dismissal: A Case Study

    By in Article, Labour on

    More often than not, it happens that employees resign from their employment and afterwards, to the employer’s surprise, refer a dispute for constructive dismissal to the CCMA or relevant bargaining council. Definition of constructive dismissal Constructive dismissal is the termination of the employment contract by the employee with or without notice ‘because the employer made continued employment intolerable for the

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  • Supplier Development: Strategic Partnership Programme

    By in Article, BEE on

    The Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice introduced, amongst other things, a new category on the scorecards being Supplier Development. Supplier Development is more or less the same as Enterprise Development, with the big difference being that the entity receiving the assistance must be a supplier of the measured entity providing the assistance. In order to

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  • Whistle-Blowing

    By in Article, Labour on

    Often employees find themselves in positions where they are too afraid to report misconduct or disclose information relating to suspect or alleged criminal activity or other irregular conduct. They fear reprisal or possible dismissal, especially when the act involving the employer and/or senior management. Section 187(1)(h) of the Labour Relations Act (LRA) 66 of 1995 lists dismissal of an employee

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  • You’re in charge with ProFile – how to take control of your industrial relations

    By in Article, ProFile on

    Implementing software to increase efficiency and optimise business structures is not negotiable for modern businesses. Simple software to streamline business activities gives businesses a much-needed advantage in the digital era. Here are 8 ways in which 1 tool, ProFile, can change your industrial relations to ensure your business runs on maximum efficiency: Employee Management ProFile stores all your employee information

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  • Half the effort, double the success – how to improve your chances of winning a CCMA case with 50%

    By in Article, ProFile on

    In SEESA’s 18 year existence, we have assisted thousands of business owners to correctly execute their procedural responsibilities in terms of compliance with the Labour Relations Act. We have seen that one of the main causes for business owners losing a case at the Commission for Conciliation, Mediation and Arbitration (CCMA) or a Bargaining Council are that disciplinary procedures are

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  • 2 in 1: ProFile and Abacus Training for your business

    By in Article, ProFile on

    Are you worried that you won’t be able to work on ProFile because you have no legal background? Does new software sound like more trouble? We’ve got you covered! SEESA offers free training sessions across South Africa to every ProFile client to ensure that every user can implement the software to its maximum benefit. Book ProFile Training in 3 steps:

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  • Adapt or die – how ProFile changes the future of SA businesses

    By in Article, ProFile on

    SEESA ProFile was launched to all SEESA clients on 1 February 2017. The goal of ProFile’s development was to help business owners across South Africa to streamline their business practices, minimise administration and eliminate human errors during everyday HR and industrial relations tasks as a digital employee management system. What is industrial relations (IR)? IR relates to all activities and

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  • Limited duration contract of employment vs probation period

    By in Article, Labour on

    In most instances uninformed employers use limited duration contracts of employment together with probation period in reservation and securing their right to terminate the employees’ employment should they not wish to continue with the employment further. Read more here about probation: What does probation really mean?  There is nothing inherently objectionable about parties concluding a limited duration contract of employment, where

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  • Reasons why an online business needs customised terms and conditions

    By in Article, Consumer Protection & POPI on

    Having terms and conditions as well as a return policy on a company’s website is an aspect that is often over looked by business owners. When developing a website, the developer should be informed of all aspects to ensure that they include all the tabs necessary. The terms and conditions must regulate the entire range of using the website including; from

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  • Should a Supplier Development beneficiary also be a supplier of your company?

    By in Article, BEE on

    With the Amended Codes in effect, many companies may find themselves having to revisit their current Enterprise Development initiatives undertaken in the past to score points. One of the main differences implemented by the Amended Codes requirements is that the Enterprise Development Element on the scorecard has now been divided into two separate sub-elements, namely Supplier Development and Enterprise Development.

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  • Independent contractor or employee?

    By in Article, Labour on

    To ensure that actual employees are not deprived of labour law protections by signing independent contractor contracts, Section 200A of the Labour relations Act (LRA) and Section 83A of the Basic Conditions of Employment Act (BCEA) introduce a rebuttable presumption that everyone (earning under the earnings threshold) is an employee until the contrary is proven, regardless of the wording of

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  • The Information Officer and POPI

    By in Article, Consumer Protection & POPI on

    Who is the Information Officer? The Information Officer of a business is by default the owner of a business.  In the case of a sole proprietor the Information Officer will be the sole proprietor or duly authorised by the sole proprietor. In the case of a partnership, any partner of the partnership or any person duly authorised by the partnership.

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  • Deductions or contributions for damage or loss caused by an employee

    By in Article, Labour on

    This summary would provide the employer with more certainty relating to the damages caused by employees, and the remedies available to the employer to mitigate damages or recover such damages from the employee. It is both unfair and unreasonable to assume that the employer should be held liable for damages caused by employees. For the reason that damages caused by

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  • Do you have ProFile Premium yet?

    By in Article, ProFile on

    SEESA has developed an internal software system specifically for our SEESA Labour clients that work in conjunction with the ProFile system they receive. Through this system, legal advisors get access to a client’s ProFile and advise the client on live information about their employees and their employment history. Legal advisors also have the option through ProFile to populate various documentation

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  • Dealing with poor work performance when implementing ProFile in your business

    By in Article, ProFile on

    Poor work performance is a form of incapacity. As with misconduct dismissals, the employee usually failed to meet a certain performance standard or level required by the employer. However, the fact that the level of performance required by the employer is not being met, is not due to the employee being negligent or intentional in the performance of his duties

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  • ProFile: Practical applications for business owners

    By in Article, ProFile on

    Whether you have 5 or 5000 employees, ProFile can be used everyday, in every business. Assisting you in all Human Resources and Industrial Relations activities, ProFile will soon be indispensable for any South African business owner. Here are a few practical applications for ProFile: #1: Uploading employee information If you are using ProFile for the first time, the system must

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  • Contributions in the financial year

    By in Article, BEE on

    One of the biggest challenges going into the new year, is the transition from the Independent Regulatory Board of Auditors (IRBA) accredited verifications to South African National Accreditation Systems (SANAS) accredited verifications. The most important reminder for all companies, are that all contributions made towards Skills Development, Socio-Economic Development, Enterprise Development and Supplier Development must be done before financial year

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