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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • How to handle broken goods according to the CPA

    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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Legal implementation and the ombud: A second take

    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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  • 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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  • 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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  • 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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  • 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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  • 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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  • #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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • The Tenant and the Landlord – what’s your rights?

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

    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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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