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

    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

    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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  • 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

    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

    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

    Read more
  • 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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  • The impact of a witness in a disciplinary enquiry: Case Studies

    By in Article, Labour on

    In order to prove a case in a disciplinary enquiry, a party relies on various forms of evidence. This can be real evidence, documentary evidence and oral evidence. Normally, witnesses are allowed to testify as to what they experienced, saw or know. At the end of the case, their evidence will be analysed by the chairperson. Witnesses are key to

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  • Can a supplier request proof of purchase?

    As a business owner in the Consumer Goods Retail Industry you are often confronted with the situation of a customer returning a product that was sold, either for a refund or for a replacement item where the initial product was defective. The question is however if you as a business owner can refuse to accept a returned product if a

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  • The complexities of arriving at dismissal as a reasonable sanction

    By in Article, Labour on

    The landmark case of Sidumo v. Rustenburg Platinum Mines Ltd made it clear that, although an employer can prove the guilt of the accused, the seriousness and thus the relevant sanction to follow such guilty finding cannot be viewed only in context of the employer’s disciplinary code – nor can the employer’s subjectivity be the final determining factor. The following

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  • The impact of the graduation factor in order to comply with the Ownership Element

    By in Article, BEE on

    The Amended Broad-Based Black Economic Empowerment (B-BBEE) Codes were published on 11 October 2013 and came into operation within 12 months from the date of publication. Many companies have been forced into restructuring so they will comply with the ownership requirements of the Amended Codes. When the new Amended Codes were introduced, a new concept of priority elements with sub-minimum

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  • Are only female employees entitled to maternity leave?

    By in Article, Labour on

    The South African legislation makes provision for maternity leave, but not for paternity leave. In accordance with Section 25 of the Basic Conditions of Employment Act (BCEA) an employee is entitled to at least 4 consecutive months unpaid maternity leave. The employee should inform the employer of the expected date of birth, the date on which the employee will go

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  • The first South African online employee management system for business owners

    By in Newsroom on

    Launching this month is SEESA ProFile, a comprehensive software system designed to guide business owners in navigating labour legislation of South Africa. From February 2017 the software system is available to South African business owners across the country. ProFile allows business owners to manage their labour force in a way not seen before. The system integrates with any business, allowing

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  • Your rights when cancelling a booking or reservation

    The passing of the Consumer Protection Act (CPA) has definitely had an impact on hospitality services, such as accommodations, including hotels and resorts. One of the aspects causing the most concern is what the Act means for cancellations of advanced bookings or reservations. Section 17 of the CPA deals with the right of a consumer to cancel an advanced reservation

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  • Load shedding and water restrictions

    By in Article, Labour on

    Under the milieu of the South African economic landscape, electricity power cuts by Eskom as well the imminent water restrictions by government, are issues that we face and will continue to face. Power outages and water restrictions in the workplace do have a detrimental impact on the employer as well as the employee and therefore it is essential that employers

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  • Multinationals: Ownership Exemption

    By in Article, BEE on

    The Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice emphasises that companies are required to be rated on the Ownership Element. In addition, if companies do not achieve the subminimum for this element, they will be discounted a B-BBEE level. It has been acknowledged by the Department of Trade and Industry (DTI) that there may be multinational companies

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  • Putting out the flames: The NCC’s role in the Ford Kuga Recall

    Ford South Africa issued a safety recall on Monday 16 January 2017 for Ford Kuga models equipped with the 1.6 litre engine to address an engine overheating condition that has caused some of these vehicles to burst into flames. This compulsory recall followed on the back of the National Consumer Commission (NCC) issuing an ultimatum to Ford to have these

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  • Independent Contractor vs Employee

    By in Article, Labour on

    Employers often ask the following question: “What is the difference between an independent contractor and an employee?” (Read more about this topic here) Definition of an employee According to Section 213 of the Labour Relations Act (LRA) an employee is defined as: Any person, excluding an independent contractor, who works for another person or for the State and who receives,

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  • Accepting a medical certificate issued by a traditional healer

    By in Article, Labour on

    In the workplace the general question arise whether or not an employer is obliged to accept a medical certificate issued by a traditional healer. Before answering this question it must first be established what constitutes a valid medical certificate: Section 23 of the Basic Conditions of Employment Act (BCEA) deals with proof of incapacity and states: “23. (1) An employer is

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  • The current status of Sector Codes

    By in Article, BEE on

    Since the Amended Codes of Good Practice came into effect on 1 May 2015 all the various sector charter councils were obliged to align their specific Sector Codes with the Amended Codes of Good Practice before 15 November 2015. Both the Construction and the Chartered Accountancy Sector Charter councils failed to meet the above deadline and caused both Sector Codes

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  • Voluntary retrenchment vs full and final settlement

    By in Article, Labour on

    A company may embark on retrenchment proceedings when faced with an operational issue in which staff needs to be reduced in order to ensure that the business stays open. An employer has two options in this regard, forced and/or compulsory retrenchment or to offer voluntary retrenchments packages to the staff. Voluntary retrenchment When embarking on a process of retrenchment the

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  • ProFile in Practice: Poor Work Performance

    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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  • Incidental Credit – The South African business owner’s complete guide.

    Scenario: Your business sells goods to a consumer with the understanding that they have (for example) 30 days to pay for the goods. After 30 days, no payment is received. In terms of the conditions of the sale a fee, charge or interest, becomes payable or the consumer may even in terms of the agreement have to pay a higher

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  • The enforcibility of collective agreements by Bargaining Councils

    By in Article, Labour on

    The conclusion of a collective agreement is not uncommon in our South African labour law environment. What are collective agreements by Bargaining Councils? Registered employer organisations and trade unions may form Bargaining Councils. The purpose is to provide a forum for collective bargaining by which settlement can be reached on matters of joint interest through negotiation. A Bargaining Council collective

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  • South Africa still battles with complaints of fronting

    By in Article, BEE on

    According to the Broad-Based Black Economic Empowerment (B-BBEE) Commission, fronting remains a big problem in the country. The majority of cases reported to the B-BBEE Commission involves fronting. The B-BBEE Commission reported that out of 22 out of 33 complaints received during the first half of 2016, came down to fronting. Fronting in South African businesses Entities desperate for a

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  • Dealing with suspended employees

    By in Labour on

    When an employee committed serious misconduct, employers usually suspend the employee (with full remuneration) until the scheduled date and time of their disciplinary hearing, assuming that the pre-suspension and suspension procedure has been followed correctly and complied with. But what happens if the employee does not appear at his disciplinary hearing as scheduled and the employee is absent to receive

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  • ProFile in Practice: everyday applications for ProFile in your business

    By in Article, Labour, 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

    Read more
  • POPI And The Appointment Of The Information Regulator

    The Protection of Personal Information (POPI) Act 4 of 2013 was signed into law by President Zuma on 26 November 2013. Since then there has been little development in relation to the commencement date of the POPI Act, save for certain provisions relating to the establishment of the Information Regulator (IR) which was brought into force on 11 April 2014.

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  • Misconduct vs Poor Work Performance

    By in Article, Labour on

    We are often confronted with confusion between poor work performance and negligence, incapacity and even misconduct. This is because of a lack of understanding of the clear distinctions that separate the various conditions. This will result in managers dismissing employees for the wrong reasons and the failure to follow the correct procedures. The consequences could be detrimental to the business,

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  • The Amended ICT Sector Code

    By in Article, BEE on

    The Amended Information and Communication Technology (ICT) Broad-Based Black Economic (B-BBEE) Sector Code was gazetted by the Department of Trade and Industry (DTI) on Monday 7 November 2016. The Amended ICT Sector Code is effective and legally binding from the date of publication in the government gazette. It is therefore compulsory for all persons, organisations and entities operating in the

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  • Employees under the influence

    By in Article, Labour on

    When dealing with intoxicated employees, employers need to determine whether an employee is: under the influence of alcohol; drunk/intoxicated; or merely smelling like alcohol. The charges drafted must be drafted accordingly. What happens if an employee is under the influence of alcohol? When an employee is charged with being under the influence of alcohol there must be efficient evidence to

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  • The POPI Act in your business

    Penalties for business owners Failure by any person to comply with the requirements of the Protection of Personal Information Act (POPI) may result in a fine or imprisonment, or even both. The prison sentences that can be imposed vary from case to case. In certain circumstances, the responsible person may be incarcerated for up to 12 months, and for more

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  • Dismissal: taking years of service into account

    By in Article, Labour on

    Generally, it is not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. Examples of serious misconduct, subject to the rule that each case should be judged on its merits, are gross dishonesty; wilful damage to the property of the employer; wilfully

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  • Enterprise And Supplier Development – the crucial impact of this element on the Generic Scorecard

    By in Article, BEE on

    The Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice (hereafter the Codes) has not been welcomed with open arms by many companies. The implementation of these Codes had been adverse to many companies and resulted in non-compliance for some. However, the amended Codes are here to stay and companies need to change their mindset and embrace what needs

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  • Summary dismissal as a last resort

    By in Article, Labour on

    When chairing disciplinary hearings, the sanction of a summary dismissal is always given as a last resort. The sanction is also dependent on the severity of the misconduct and if the employee has previous written warnings for a similar offence. Thus, a summary dismissal is only permissible where the employee is in material breach of his/her contract. In the case

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  • 6 things setting the MAC Sector Code apart

    By in Article, BEE on

    The Media, Advertising and Communications (MAC) Sector Code applies to advertising, public relations and communication as marketing vehicles in all media, including digital platforms. Here are 6 ways in which the MAC Sector Code differs from the Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice. 6 Differences between the MAC Sector Code and the B-BBEE Amended Codes of

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  • Off-duty misconduct

    By in Article, Labour on

      We are often faced with a situation where an employee commits misconduct outside working hours and an employer wonders if they are allowed to take disciplinary action against such employee. Whether employers may take disciplinary action depends on if the employer can show a connection/link between the employee’s conduct and the employer’s business, and whether the conduct affected the

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  • How to cancel a fixed-term contract

    In terms of Section 14 of the Consumer Protection Act (CPA), a consumer can cancel a fixed-term contract at any time within contract period without any penalty or charge, within 20 business days’ notice to the supplier. The legal duration of fixed-term contracts Section 14 of the CPA restricts the period of a fixed-term contract to 24 months (however, Section

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  • The Employer’s Guide to Sick Leave

    By in Article, Labour on

    Employers frequently ask when they can request a medical certificate from employees and when disciplinary action can be taken for absenteeism relating to sick leave. When an employee inform his employer that they are ill, it is important to remember that the employer can only request a medical certificate after two days of absenteeism. However, when an employee is absent

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  • ProFile Premium – the complete option

    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

    Read more
  • Is SEESA ProFile for me?

    By in ProFile on

    Implementing ProFile into your business is quick and easy. This software affords any South African business owner complete peace of mind, knowing that their disciplinary procedures are fair and in accordance with the latest legislation. ProFile removes uncertainty from legal procedures – the software guides user actions through prompts to ensure correct procedures are followed in every scenario. Less administration,

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  • Labour law of the future

    By in ProFile on

    SEESA is launching SEESA ProFile, a comprehensive software system designed to guide business owners in navigating labour legislation of South Africa. SEESA ProFile allows business owners to manage their labour force in a way not seen before. The system integrates with any business, allowing business owners to take matters such as issuing warnings and notices for labour-related offences, grievances and

    Read more
  • Everything you need to know about online shopping and consumers’ rights

    Many of us have made a regrettable online purchase in the spur of the moment, or received online purchased goods that was disappointing in real life. What most people are not aware of, is that they have recourse in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA). One of the many objects of ECTA is to

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  • The Parity Principle: Disciplinary Consistency

    By in Article, Labour on

    The parity principle can be described as the basic tenet of fairness, which requires that similar cases should be treated alike. Parity denotes a sense of fairness and equality before the law. In the Labour Appeal Court matter of Absa Bank Limited v Devapriya Naidu and others, the Labour Appeal Court had to decide if the Labour Court erred in

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  • A Quick Guide to what all shareholders must know to avoid Fronting accusations

    By in Article, BEE on

    During one of the Broad-Based Black Economic Empowerment (B-BBEE) Commission information sessions, it was once again emphasised that they will clamp down on any Fronting practices. To ensure that no entity is at risk, it is important for all shareholders in the business to familiarise themselves with the relevant company documentation applicable to their shareholding, such as: Shareholders agreements Share

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  • Employee Representation in a Disciplinary Hearing

    By in Article, Labour on

    Schedule 8 of the Labour Relations Act (LRA) provides the employee the right to representation in a disciplinary hearing. An employee is entitled to be represented by a fellow colleague or a recognised trade union representative. The question arises if the employee requests representation from an external person, whether such representation should be considered and allowed. Such external representation could

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  • BEE verification for Joint Ventures

    By in Article, BEE on

      A Joint Venture (JV) is a business arrangement between two or more entities where they agree to pool their resources for the purpose of accomplishing a specific task such as a new project or any other business activity. In a JV, each participant to the agreement is responsible for profits, losses and costs associated with it. However, a JV

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  • Witchcraft in the workplace warrants dismissal for a first time offender

    By in Article, Labour on

      In most instances, decision-makers in matters that evolve around the unfamiliar practices of witchcraft are uncertain over how to go about in deciding the verdict in such instance due to the fact that the practice is not known to ethnic groups that are not of the indigenous African origin. Witchcraft has been described in Nasareiu Obo Mngomezulu v Tongaat

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  • Exhausting available remedies – when may consumers approach the courts to obtain redress?

    By in Article, Labour on

    The Consumer Protection Act (CPA), 68 of 2008 exists with the purpose of protecting the interests of consumers who are subjected to abuse or exploitation in the marketplace. A key component of the protection extended by the CPA entails ensuring accessible, transparent and efficient redress for aggrieved consumers. Section 69 of the CPA deals with the enforcement of rights by

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  • What is misconduct?

    By in Article, Labour on

    Dismissal for misconduct is probably the most frequently referred to matter at the CCMA – however, few people have a clear understanding of what misconduct really is. It may seem like a simple concept, but some key principles need to be understood. If misconduct have to be described in the workplace, it would state that it is an act or

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  • Preferential Procurement and the contents of a valid BEE Certificate

    By in Article, BEE on

    Preferential Procurement is a sub-element that falls under the Enterprise and Supplier Development element on the Amended Broad-Based Black Economic Empowerment (B-BBEE) scorecard and can no longer be dealt with indifferently. Not only does it form part of the Priority Elements, but the 40% sub-minimum is also applicable to the Procurement indicator on the scorecard. This implies that at least

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  • Fair dismissal for Muti in the workplace

    By in Article, Labour on

    South Africa is a diverse community of combined cultures and beliefs. The Constitution of the country accepts all religions and beliefs. Customary law is also accepted to be a part of any civil dispute or marriage arrangement. The recognition of customary laws and beliefs has an influence in the workplace for those who do not understand it – intimidation is

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  • Best Practices in the motor industry to assist MIOSA

    The National Consumer Commission (NCC) has drawn up draft best practices applicable to the motor industry. The proposed best practices was published for comment on 11 July 2016 and refers to alternative dispute resolution mechanisms for handling complaints to better achieve the purpose of the Consumer Protection Act (CPA). The proposals were drafted in terms of Section 93(2) of the

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  • When an employee says: “I Quit!”

    By in Article, Labour on

    As an employer you might be faced with a situation where you discipline an employee and the next moment they serve you with a written or even verbal notice of their resignation. The next morning this employee returns to work saying that he withdraws his resignation and continues with his duties. Can you under these circumstances enforce the resignation? To

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  • Under Construction

    By in Article, BEE on

    When calculating an entity’s Broad-Based Black Economic Empowerment (B-BBEE) score, it is important to establish whether it falls under a specific Sector Code or under the General Codes of Good Practice. This article briefly discusses the Construction Sector Code. In October 2013, the Minister of Trade and Industry Hon Rob Davies gazetted and published the B-BBEE Amended Codes of Good

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  • A case to be made for Paternity Leave benefits

    By in Article, Labour on

    There seems to be a global trend moving towards the introduction of a shared parental leave policy which allows fathers time off with their partners after the birth of their child. Although the legal system of South Africa is one of the most developed in the world, we have no specific provision made for Paternity Leave and fathers have to

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  • How can the ‘voetstoots’ clause be implemented?

    Types of defects in sold goods South African common law states that a seller is liable (for a period of 3 years) for all latent defects in the property sold, after the discovery of the defects. Latent defects refer to defects, which exist in hidden or dormant form but are usually capable of being brought to light. Patent defects refer

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  • Everything you need to know about Emoluments Attachment Orders (EAOs)

    By in Article, Labour on

      Definition of EAOs Emoluments Attachment Orders (EAOs) (sometimes incorrectly referred to as garnishee orders) is a court order whereby the judgment creditor/attorney is able to attach a portion of the remuneration of the judgment debtor (employee) – plainly, this means that debt can be deducted from an employee’s salary or wages. Validity of EAOs In order for an EAO

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  • What sets the MAC Sector Code apart from others?

    By in Article, BEE on

    The Marketing, Advertising and Communication (MAC) Sector Code was gazetted on 6 May 2016 and came into immediate effect. This Sector Code is applicable to advertising, public relations and communications as marketing vehicles in all media, including digital platforms. This new MAC Sector Code regulates all enterprises whose core business is the conceptualisation, creation, production and implementation of communication as

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  • Sexual Harassment in the Workplace & The Code of Good Practice

    By in Article, Labour on

    What constitutes sexual harassment? Sexual harassment may include but is not limited to, unwelcome physical, verbal or non-verbal conduct. It is an employer’s duty to create and maintain a working environment in which the dignity of all employees is respected. All employers and employees must maintain a working climate where sexual harassment is unacceptable and must also ensure that individuals

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  • B-BBEE Commission FAQs

    By in Article, BEE on

    The BEE Amended Codes of Good Practice made the provision for the establishment of the Broad-Based Black Economic Empowerment (B-BBEE) Commission. This essentially introduced a body to oversee and monitor the fair implementation and application of the B-BBEE Act. The establishment of the B-BBEE Commission finally brings about accountability and will drive ethical economic transformation. Is the B-BBEE Commission mandate

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  • The Prodigal Employee Returns

    By in Article, Labour on

    Years of service is an important and fundamental aspect in the employee-employer relationship. This term and its value rapidly becomes most relevant when an employee-employer relationship comes to an end, with emphasis on the calculation of severance pay in any retrenchment exercise as well as mitigating and aggravating factors and circumstances in disciplinary action. When an employee returns after termination

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  • POPI and Cloud Service Providers

    Most businesses make use of a third party service provider, also known as an Operator, in its support structure. This is generally due to the high costs involved in establishing these services internally in the business and therefore it is easier to outsource same to a third party. One such third party would be a Cloud Service Provider, due to

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  • Progressive discipline: a matter of facts and consistency

    By in Article, Labour on

    During a disciplinary hearing, the sanction to be imposed is a matter for the chairman to decide. The sanction must be fair and equitable – also non-discriminatory, consistent with past similar offences by other employees under similar circumstances, and consistent with the employer’s Disciplinary Code and Procedures. One can only complete this process successfully if the process is approached with

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  • Bait Marketing: An analysis in terms of the CPA

    Bait marketing explained Consumers are often “baited” by merchants that are advertising goods with specific qualities and functionalities at a discounted price. However, when consumers visit the store, they discover that the advertised goods are either out of stock or the quality is not as good as was expected and are subsequently pressured by the sales staff to consider similar

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  • Off duty misconduct

    By in Article, Labour on

    Employers and employees are often under the impression that if an employee misbehaves or commits misconduct outside work context and outside the workplace, that no action may be taken against them.  The facts An employer is allowed to intervene in an employee’s private relationships if it affects the employer’s business, even in the case where the employee commits an offence

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  • How to comply with each element of the Amended Codes of Good Practice

    By in Article, BEE on

    In terms of the Amended Codes of Good Practice, both QSE and Generic entities need to comply with all 5 of the elements on the scorecard which are Ownership; Management & Control; Skills Development; Enterprise & Supplier Development; and Socio-Economic Development. Of these 5 elements, Ownership is the first priority element. Both QSE and Generic entities must comply with the

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  • Demotion of an employee

    By in Article, Labour on

    An employee is demoted when their employment terms and conditions has been changed in such a way that the employees remuneration, status or responsibility is reduced. Even if the employee retained their salary and benefits, demotion still occurs when the status, importance or responsibility of the employee is reduced. There are three instances where demotion of an employee can be

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