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  • Know Your Rights: Repair or maintenance services

    Many consumers find themselves handing in their goods to suppliers to be repaired, expecting to be charged a certain amount, but then find that the supplier has charged a much higher amount than expected. Fortunately, the introduction of the Consumer Protection Act (CPA) 68 of 2008 has brought about significant changes to way suppliers must carry out repair or maintenance

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  • Polygraph testing in the workplace

    By in Article, Labour on

      Polygraph testing in the workplace is a new concept in South Africa. There is no legislation in place regulating the use of polygraph testing in the workplace. The admissibility of polygraph testing by an employer will be based on how the test was conducted and the results were used in conjunction with other evidence. Guidelines and/or regulations for polygraph

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  • BEE and Fronting

    By in Article, BEE on

    When it comes to the Broad-Based Black Economic Empowerment (B-BBEE) Act, it is not simply a matter of wanting to empower or not, but also of compliance with relevant legislation. The B-BBEE Act 46 of 2013 defines Fronting as: “A transaction, arrangement or other act or conduct that directly or indirectly undermines or frustrates the achievement of the objectives of

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  • Trade Unions

    By in Article, Labour on

    Trade Unions (TUs) need not be associated with the phrase Trouble United. If they are treated with the necessary respect in the workplace and are allowed fair negotiations as per the relevant legislation, they could be beneficial to your business. Effective negotiations have helped shape the history of the world and in the same way it can shape the future

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  • Flip side of the coin – POPI and PAIA

    By in Article, Labour on

    The Protection of Personal Information (POPI) Act is coming into its own in South Africa. All businesses will have to comply with the requirements of this Act, with no exceptions. On the flip side of the coin we have the The Promotion of Access to Information (PAIA) Act, promoting access to information that is held by the State or another

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  • Regulating employee resting hours

    By in Article, Labour on

    There is a small but important section of the Basic Conditions of Employment Act (BCEA) business owners often neglect to take into account when regulating employees’ working hours. This is not referring to family responsibilities and occupational health and safety, which should be taken into account when regulating employees’ working hours in accordance with Section 7 of the BCEA, but

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  • BEE and Tenders

    By in Article, BEE on

    Broad-Based Black Economic Empowerment (B-BBEE) certificates have become a standard requirement for tenders, and are of paramount importance in order to be successful in tender bids in South Africa. It is an important aspect when pursuing contracts in the public sector as well as government tenders. Various tenders for contracts have been disqualified and/or unsuccessful, due to the fact that

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  • Overtime and remuneration – the right way

    By in Article, Labour on

    When is an employer required to pay overtime? Some still choose to follow the proverbial ‘fill the bucket’ approach. This approach is based on 45 hours of work per week, and once the employee has filled up his 45 hours for the week any work done in excess is deemed overtime. In order to avoid future trouble, employers need to

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  • The MIOSA

      The Motor Industry Ombudsman of South Africa (MIOSA) has been in operation since 2000 as an independent body for the resolution of disputes when suppliers and consumers cannot resolve complaints. However, industry membership of the MIOSA was not compulsory and consumers who experienced poor service from non-members had no recourse to the Ombudsman to settle a dispute. Under the

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  • Intoxicated employees at work

    By in Article, Labour on

    Employers may suspect an employee at work is under the influence of an intoxicant or controlled substance, but may refuse to take a breathalyzer test. The protection employees enjoy from drug and alcohol testing is principally so that they can’t be forced to undergo a breathalyzer test. Usually, employers leave it there and request disciplinary action. During this disciplinary action

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  • Enterprise and Supplier Development

    By in Article, BEE on

    The amendments to the Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice introduced Enterprise and Supplier Development (ESD) as a priority element, which means that a sub-minimum of 40% of the points is required. The element counts for 40 points on a generic scorecard and 30 points on the Qualifying Small Enterprise (QSE) scorecard. This is subdivided into 3

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  • Probation – what it really means

    By in Article, Labour on

    Employers are often misinformed when it comes to probation. Much to their dismay, employers realise that it is not as simple as it may seem. Probation is dealt with in Schedule 8 of the Labour Relations Act (LRA) in terms of the Code of Good Practice on Dismissals which states: A newly hired employee may be placed on probation for

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  • 5 Avenues of redress – how consumers can complain about non-compliance with the CPA

    The Consumer Protection Act (CPA) not only affords consumers remedies in instances where any of their entrenched rights have been violated, but also provides them avenues of redress in the event of non-compliance by suppliers. The most common method of obtaining satisfaction in respect of any claim had been to approach a civil court – small claims-, Magistrate- or High

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  • Retired employees, severance pay and retrenchment – how do these factors mix for business owners?

    By in Article, Labour on

      Budget cuts, tightening belts and ultimately, retrenchments of employees seems to be standard practice in the current South African economic climate. The Case You hired an employee after they retired in terms of the company’s retirement policy, but suddenly find yourself in a situation where you have to retrench employees. What do you do? As with all legal matters,

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  • 5 Benefits of a BEE Trust

    By in Article, BEE on

    In order to reach a sub-minimum score for Ownership, you need 10% effective black ownership, paid up to date according to the graduation factor. The benefits of registering a BEE trust: The BEE Trust is the shareholder in the company, and not the beneficiaries. You can structure the BEE Trust to your company’s needs. You can structure the BEE Trust

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  • Is a restraint of trade agreement worth the paper it is written on?

    By in Article, Labour on

    Employers should note that restraint of trade agreements are not regulated by labour law, but by the Law of Contract due to the fact that it is a contractual clause, or an agreement entered into, and as such one cannot turn to the CCMA for help once a legal dispute arises out of a restraint of trade agreement which was

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  • Calculating amounts for Skills Development

    By in Article, BEE on

    The amendments to the Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice has brought some drastic changes, especially to the Skills Development element. For a Generic Company to obtain points for Skills Development under the amended Codes of Good Practice, advisors need to calculate the amounts spent on Skills Development on each sub-race and gender group, taking the applicable

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  • Gross negligence warrants dismissal

    By in Article, Labour on

    Often times the decision-makers in matters that revolve around extreme degrees of negligence committed by employees, are uncertain as to whether to dismiss or not – especially in matters where the trust relationship has been irrevocably broken down. In order for negligence to be of a gross degree it must: a) have a connection or be in relation with the

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  • The Consumer Protection Act on the ‘voetstoots’ clause

    Traditionally the all-encompassing safety net of the ‘voetstoots’ clause meant that goods were purchased “as is” and accordingly indemnified the seller for any defects in the goods. The common law position has been amended by the Consumer Protection Act (CPA), 68 of 2008 but because of the scope of its application, many sale agreements will fall outside the ambit of

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  • Progressive discipline in the workplace

    By in Article, Labour on

    Progressive discipline is the system all employers should adopt in the workplace and refers to a gradual process taking place in stages. The disciplinary code The form and content of this system’s rules are set out in a disciplinary code which varies according to the nature of each business. These rules of discipline must be certain, and must be applied

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  • TO BE(E) OR NOT TO BE(E)

    By in Article, BEE on

    The main aim of a Broad-Based Black Economic Empowerment (B-BBEE) verification is to obtaining a rating for your business’s compliance, usually for a mark out of 100. In order to rate a business, the correct scorecard needs to be applied. There are approximately 32 scorecards available (excluding the Mining Sector). So how do you know what is the correct scorecard

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  • The importance of an effective drug and alcohol policy in the workplace

    By in Article, Labour on

    Employers often find themselves in a situation where they want to discipline an employee for drug- or alcohol-related misconduct, only to find that their alcohol and drug policy is worded in such a manner that it does not reflect their actual intention pertaining to alcohol or drug related misconduct. Employers often believe that their policy is one of “Zero Tolerance”

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  • POPI compliance in private and public sectors

    It is clear, with the enactment of the Protection of Personal Information (POPI) legislation, that businesses are gearing themselves towards compliance in these early stages. But is the public sector doing the same? It is no longer surprising that information is a very valuable commodity. While business owners need to comply with all kinds of legislation, they cannot say that

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  • Whistle-blowing on Social Media

    By in Article, Labour on

    There’s been various law cases that have promulgated the fact that social media posts can and will get employees fired. Employees expressing their opinions about their employers have been warned to ensure that their privacy settings are in place, as most social media accounts are by default open to the general public. Various defenses have been brought up by disgruntled

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  • Amended Codes of Good Practice: Empowering Supplier Status and the Workplace Skills Plan

    By in Article, BEE on

    Empowering Supplier According to the Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice, all entities must meet the criteria of being a good citizen and consequently, an empowering supplier. If you are not an empowering supplier, your client will not be able to claim any recognition for their purchases from you regardless of the black ownership within your

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  • Facebook faux pas

    By in Article, Labour on

    With the advent of the social media, a new set of woes has arisen for both the Courts and social media users alike. Recent statistics have indicated that on any given day, an average of just over one billion people make use of the growing social media site – impact on business cannot be denied or avoided. Social media in

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  • How does the POPI Act affect my business?

    The Protection of Personal Information (POPI) Act became an effective law in November 2013. This law regulates processes in which businesses collect, handle and secure delicate information. This law also makes provision for technology that is presently available and used to store data. It is important for your business to keep all information, including information of your suppliers, clients and

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  • Desertion in the workplace

    By in Article, Labour on

    Desertion implies that an employee has left the workplace and it does not appear that they have any intention to return to the workplace. The law does not stipulate a specific period to be regarded as absence, but in practise it is accepted that the period should not be less than five days. If the employee is absent for a

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  • 4 Reasons you should consider choosing Preferential Procurement as an element to become B-BBEE compliant

    By in Article, BEE on

    Preferential Procurement is a positive and obtainable element to become Broad-Based Black Economic Empowerment (B-BBEE) compliant because: Unlike the other elements, procurement does not require anything from the entity. This is because every entity has expenses and have to procure. Should a company procure all their stock and other expenses from BEE compliant entities with a high score, it will

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  • The Pros and Cons of an Appeal Procedure

    By in Article, Labour on

    South African labour legislation provides that both fair procedure and fair reason are required prior to the dismissal of an employee for misconduct. Ensuring the correct procedures are in place before dismissal requires a number of steps – which includes holding a disciplinary hearing to allow employees the opportunity to defend themselves. Current labour legislation does not require employers to

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  • The influence of POPI on direct marketing

    Direct marketing is defined by the Protection of Personal Information (POPI) Act as any means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services in the ordinary course of business, or alternatively requesting a data subject to make a

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  • One too much – progressive discipline and same or similar offence

    By in Article, Labour on

    The concept of “same or similar offence”, an unavoidable companion of the principle of progressive discipline, is complex and prone to debate, inciting questions such as: Can unauthorised absenteeism be construed as a same or similar offence as reporting late for duty? Is insolence similar to insubordination? Firstly, the origin of the “same or sililar offence” concept must be understood.

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  • 3 things about BEE you should know if you are an Exempted Micro Enterprise

    By in Article, BEE on

    If you qualify as an Exempted Micro Enterprise (EME), you need to know the following when planning your next Broad-Based Black Economic Empowerment (B-BBEE) verification: If your turnover is between R7 million and R10 million, this puts your company at high risk of going over the EME threshold of R10million. Should your company apply for any tender over R10 million,

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  • The Employer’s Quick Guide to Suspension

    By in Article, Labour on

    Employers often face situations where a decision must be taken whether an employee that was allegedly involved in misconduct should be suspended or not. When considering suspension, it must be fair and the employee is entitled to challenge a suspension that they feel deemed to be unfair. Suspension of the employee will depend on the misconduct that was allegedly committed

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  • Heed the Warning

    Section 61 of the Consumer Protection Act (CPA) No. 68 of 2008 is not only applicable if damage is caused by supplying unsafe-, defective- or hazardous goods by the producer, importer, distributor or retailer. They will also be held liable for supplying goods with: “…inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated

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  • Misconduct or Poor Work Performance

    By in Article, Labour on

      It often happens that an employer needs to determine work performance based on available information, whether it comprises of misconduct or poor work performance. Truth be told, this is not as easy as it seems. The wrong result for the employer could be devastating and costly as you may dismiss an employee for the wrong reasons or follow incorrect

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  • BEE Priority Elements Made Easy

    By in BEE on

    There are 3 Priority Elements under the Broad-based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice, which entities must comply with for verification. These elements are Ownership, Skills Development and the new element of Enterprise and Supplier Development. A Qualifying Small Enterprise (QSE) must comply with at least 2 of the 3 Priority Elements, of which Ownership is compulsory.

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  • Leaving you high and dry

    By in Labour on

      What is the norm for notice periods? For an employee to terminate their contract of employment, Section 37 of the Basic Conditions of Employment Act (BCEA) states that an employee must give: One weeks’ notice if the employee is employed for a period not longer than 6 months. Two weeks’ notice if the employee is employed for a period

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  • Chew on this

    South African consumers have probably been the most exposed consumers in the world with virtually no protection from exploitation and no recourse against unscrupulous importers, manufacturers, wholesalers, retailers and service providers. This has all changed when the Consumer Protection Act (CPA) came into full force and South African consumers are now some of the best protected consumers in the world.

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  • It’s just temporary

    By in Labour on

      On 1 January 2015 the Labour Relations Act (LRA) Nr 66 of 1995 was amended in respect of employees and fixed term contracts. This amendment safeguards employees that are party to a fixed term contract from abuse by employers. Here are a few key points guiding employers in terms of this legislation (Section 198B) with respects to employees earning

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  • Skills Development and the Amended Codes

    By in Article, BEE on

    The discussion below is in term as of the Amended Codes of Good Practice, which came into effect on 1 May 2015 and is not necessarily applicable to the various sector codes yet. All Qualifying Small Enterprise (QSE) and Generic Entities need to comply with the Empowering Supplier provision, irrespective of the percentage of Black Shareholding in the entity. To

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  • Trust in the employment relationship

    By in Article, Labour on

    One of the essential elements of an employment relationship is trust. This article looks at the definition of dishonesty and the implications on the trust relationship when an employee misrepresented facts with regard to their qualification(s) in the presented CV when applying for employment. John Grogan, an American journalist and non-fiction writer in his publication, Dismissal, says the following about

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  • POPI is drawing closer

    Everybody is waiting for the Protection of Personal Information (POPI) Act to be signed into law. Speculation is that it will be finalised in the second term of 2016, with a standard 12 months compliance period for those who fall under the ambit of the Act. This means that businesses have approximately 18 months from now on to get their

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  • Why and what must I pay?

    By in Article, Labour on

    Many employers know this feeling – small amounts of money that needs to be paid for this and that regarding their employees, adds up to a lot. Even if you feel the employee does not deserve that compensation. Unfortunately, these payments are demanded by legislation and employers are obligated to compy. This article takes a closer look at all the

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  • The Employer’s Cheat Sheet

    By in Labour on

    Feeling a bit confused over all the small payments you need to make every month, draining your pocket? Click on the link below to view the ultimate cheat sheet, explaining which payments employer’s need to make, when and why – in accordance with our labour legislation. The Ultimate Employer’s Cheat Sheet to legislation and payments

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  • Out with the Old Codes, in with the Amended Codes

    By in Article, BEE on

    A Brief Overview On 12 October 2013 the Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice (hereafter referred to as the Codes), being the Codes on which various industries are measured on, was amended and gazetted by the South African Government. They did provide a transition period of one year where the measured entity can choose whether to be

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  • Sexual harassment in the workplace

    By in Article, Labour on

    Sexual harassment in the working environment is one of the specific acts of misconduct that rarely comes to the fore. Employees that are victim to sexual harassment are often too scared to come forward for fear of victimisation or a loss of opportunities. It is important for employees and employers alike to know their rights in this regard so that

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  • No pen needed – everything you wanted to know about the ECTA, but were too afraid to ask

    What is the ECTA? The Electronic Communications and Transactions Act of 2002 (ECTA) introduced formal legal recognition of electronic commerce. The ECTA stipulate that: simply because the information is in the form of a data message, it does not mean that it is without force and effect. Section 1 of ECTA defines a data message as ‘data that is generated,

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  • Cutting Down Staff

    By in Article, Labour on

    When an employer considers outsourcing some of its work and considers retrenchments, it’s important to keep Section 197 of the Labour Relations Act (LRA) (Act 66 of 1995) in mind. What does this look like in practice? When you have three employees working as security guards at your company and you decide to outsource this work to a private security

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  • The Employer’s Guide to Probation

    By in Article, Labour on

    What is the purpose of probation? A probationary employee is a newly appointed employee who has a conditional employment contract (written or unwritten). This means the continuation of the contract is conditional on whether the employee’s work performance during the probationary period shows that the employee is able to carry out the work properly, or not. While this describes the

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  • Incapacity arising from illness or injury

    By in Article, Labour on

    What is Incapacity? Incapacity deals with a dismissal arising from an employee’s absence from work due to illness – including mental illness. It is more appropriate to deal with the matter on the basis of reasonableness, rather than on the contractual plane of impossibility of performance. Incapacity and Dismissal The courts found that the dismissals pertaining to the aforementioned circumstances

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  • BEE Changes in 2016 – what to look out for

    By in Article, BEE on

      In the new year (2016) there are going to be a lot of challenges in the Broad-Based Black Economic Empowerment (B-BBEE) domain as well as amendments towards the Sector Codes. The first important reminder is the contributions that a company need to make towards Socio-Economic Development, Enterprise Development and Supplier Development. The following contributions need to be made before

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  • Who is my Employer?

    By in Article, Labour on

    In terms of Section 198A(3)(b)(i) of the Labour Relations Act (LRA), an employee performing a temporary service and earning below the threshold is deemed to be the employee of that client and that client is deemed to be the employer. The threshold currently is R205 433.30 per annum. This has been a hotly debated issue and the interpretation of this has

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  • Unwanted Christmas gifts and the CPA

    Sometimes consumers receive Christmas gifts that is not entirely what they wanted. What does the Consumer Protection Act (CPA) stipulate, from a business owners perspective, to accept the return of Christmas gifts and specifically goods bought at the business? The definition of a consumer includes the user, recipient or beneficiary of the goods, irrespective of whether he/she was a party

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  • Making use of temporary employment services – is it a risk?

    By in Article, Labour on

    Temporary employment services (TESs), have been under the spotlight for some time and with the amendments to the Labour Relations Act (LRA) (Act 66 of 1995) regarding temporary employment services, it was deemed that TESs have reached the end of the line and that the phenomenon would disappear like mist before the sun. In the recent matter between Assign Services

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  • Quick notes for business owners on the Amended Codes of Good Practice

    By in Article, BEE on

    The Amended Codes of Good Practice has shown several changes to Broad-Based Black Economic Empowerment (B-BBEE) elements for businesses. Supplier Development and Enterprise Development has been introduced as sub-indicators together with Preferential Procurement under the element Enterprise and Supplier Development. This is one of the five elements a Qualifying Small Enterprise (QSE) and Generic Entity should comply with. It is

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  • Employee duties in the workplace

    By in Article, Labour on

    In recent times employers have felt that the emphasis of labour legislation seems to be in favour of employees. However, the employment relationship is reciprocal. Employees are hired to provide labour and to produce commodities or to render services that contribute to the business objectives of the enterprise. The employment contract bears a lot of implied terms on both parties,

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  • Getting your business out of a cell phone contract

    Gone are the days when only a handful of people owned cell phones. With its popular demand, now even children own cell phones as their parents feel compelled to enter into cell phone contracts for many reasons, including for security of their children. As a result, many consumers find themselves entering into cell phone contracts while unaware of their legal

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  • All about strikes

    By in Article, Labour on

    In terms of Section 213 of the Labour Relations Act (LRA) a strike is defined as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect

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  • The strict liability clause in the CPA

    Section 61 of the Consumer Protection Act (CPA) is arguably more controversial than some of its counterparts. This section aims to hold liable the producer, importer, distributor or retailor of a product that caused harm wholly or partly as a consequence of the following: The supply of unsafe goods. A product failure, defect or hazard in any goods. Inadequate instructions

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  • Avoiding misconduct – the clear answer

    By in Article, Labour on

    Employers often need to know how to prevent certain misconduct and behaviour. The clear answer is to implement the correct policies within the working environment. Certain rules and regulations must specifying what is expected from employees and in which manner they must conduct themselves. It is Trite Law that all policies may not be in contradiction to South Africa’s current

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  • Repeal of Sector Codes

    By in Article, BEE on

    After an inappropriately long period of keeping silent on the way forward with the Broad-based Black Economic Empowerment (B-BBEE) Sector Codes, answers was given on this issue by the Department of Trade and Industry (DTI). On 2 November 2015 via their departmental spokesman Sidwell Medupe, the DTI announced that Sector Charter Councils have until 15 November 2015 to submit aligned

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  • The principle of double jeopardy

    By in Article, Labour on

    What is double jeopardy? In the context of South African labour law, double jeopardy can be defined as the following: “Where employees have been acquitted at a disciplinary enquiry, or the presiding officer has imposed a penalty/sanction less severe than dismissal, they cannot generally be subjected to a second enquiry on the same offence. Nor may the management ignore the

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  • The effect of the CPA on franchise agreements

    The world of franchise agreements has changed considerably after the application of the Consumer Protection Act, Act 68 of 2008. The CPA defines a franchise agreement as an agreement: In which, for consideration paid, or to be paid, by the franchisee to the franchisor, the franchisor grants the franchisee the right to carry on business within all or a specific

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  • Where has Employment Equity gone?

    By in Article, BEE on

    The Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice was gazetted on 12 October 2013 and came into effect on 1 May 2015. The change has been frowned upon by some and welcomed by others, but no matter which boat you are in, every business should make it a priority to become BEE-compliant. Employment Equity has been a

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  • The value of an independent chairperson

    By in Article, Labour on

    Companies often overlook the value of ensuring that an independent chairperson is available should it become necessary to formally discipline an employee and conduct a disciplinary hearing . It is interesting to note that many people without legal training or practical labour experience assume that disciplinary hearings and other related matters are relatively easy to chair. Many people believe that

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  • Gift vouchers: Do you know what the CPA says?

    The Consumer Protection Act (CPA) has been in operation for close to 5 years, yet many businesses issuing gift vouchers are oblivious to the provisions of Section 63 of the CPA which regulates the terms attached to the provision of gift vouchers. Prior to the implementation of the CPA, consumers were bound to the terms and conditions set by the

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  • Domestic workers: The relationship between the employer and employee

    By in Article, Labour on

    The relationship between a person and their domestic worker is often misunderstood. The reason for this can be that the domestic worker works in the personal sphere of the person employing the domestic. Some consider it to be an informal relationship which sits outside the ambit of the employer/employee relationship and as such the rules and regulations may not apply.

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  • Zero Tolerance Policy: Fail safe method to dismissal or not?

    By in Article, Labour on

    The aim of a Zero Tolerance Policy is to boost a Disciplinary Code in the sense of creating a rule, which states that progressive discipline will be bypassed. For certain misconducts a direct hearing will be held for the first misconduct. If found guilty the employee will then be dismissed, this notion is all too clear and familiar. The introduction

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  • Why automatic termination clauses are unenforceable

    By in Article, Labour on

    Many employers include clauses in their contracts of employment that would justify the termination of the agreement if the clause were met. The rationale behind this is that the termination itself does not emanate in or entail the principles and requirements of our labour law, but that it takes place entirely in the sphere of contract law. This is a

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  • Not too drunk to be dismissed?

    By in Article, Labour on

    Employers often believe that the mere smell of liquor on an employee’s breath or having the employee test positive for alcohol in their system with a breathalyser, is sufficient proof that the employee is “under the influence of alcohol” and justifies dismissal. Case law proves the contrary. A distinction must be made between merely having alcohol in your system; and

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  • Sign first, then cool down

    Are consumers entitled to a cooling-off period when targeted by direct marketing? In order to answer this question, one needs to understand direct marketing: The Consumer Protection Act (CPA) defines direct marketing as follows: “To approach a person, either in person or by mail or electronic communication, for the direct purpose of promoting or offering to supply, in the ordinary

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  • Constructive dismissal – when employees need to leave

    By in Article, Labour on

    This article discusses constructive dismissal and refers to case studies of important decisions with regards to this legislation for employers and employees. Defining constructive dismissal Constructive dismissal may be defined as “A situation in the workplace, which has been created by the employer, and makes the continuation of the employment relationship intolerable for the employee, to such an extent that

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  • Ownership: What to do when you have pressure for Black Ownership

    By in Article, BEE on

    Many South African businesses are being pressured, not only to reach a high BEE level, but also for black ownership. This is a major concern for most white owned businesses, and where a business is not a major corporate entity it can create quite a headache. The transition to the Amended Codes of Good Practice has increased the challenge for

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  • The employer’s guide to understanding dismissal

    By in Article, Labour on

    Misconduct takes many varied forms but the legal basis for dismissal in terms thereof perpetuates from the result of a breach of a material term of the contract between the parties or the complete breakdown of the employment relationship. What is misconduct? Misconduct occurs when the employee culpably disregards the rules of the workplace. Workplace rules are the result of

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  • Disclosing information on sales records

    The Consumer Protection Act (CPA) places a burden on businesses to comply with certain sections of the CPA. This article discusses why the CPA force businesses to disclose certain information on all sales records. The business owner’s obligation Sections 26 and 79 of the CPA is very specific in listing a minimum requirements pertaining to information which needs to be

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  • When employees don’t measure up

    By in Article, Labour on

    Poor work performance is classified as incapacity. It’s described as the lack of skill, knowledge and the failure to comply with reasonable standards set and made known by employers. Most employers confuse poor work performance with negligence and misconduct. Misconduct occurs when an employee is able to perform in accordance with the required standard, but fails for a reason unrelated

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  • QSEs – should we or should we not?

    By in Article, BEE on

    From the inception of the Amended Broad-Based Black Economic Empowerment (B-BBEE) Codes in 2007, companies classified as a Qualifying Small Enterprise (QSE) have always had an advantage with regards to the rating on the scorecard. Any company with a turnover between R5-35 million, with exception to same sector codes, had a choice of electing four out of seven elements on

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  • Probation periods: to hire or not to hire?

    By in Article, Labour on

    Employers often struggle with probation periods, as it is very important to employ the correct person in a permanent position. Most employers need to realize that, in most cases, an employee on probation is already a permanent employee. If the employment contract is terminated after the probation period without following a legitimate procedure as per Shedule 8 of the Labour

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  • What does the CGSO mean for business owners?

    Since the publication of the Consumer Goods and Services Sector Code of Conduct in 2014, many business owners have questions pertaining to registration with the Consumer Goods and Services Ombud (CGSO) and the application of the CGSO Code of Conduct to their business. This article answers some of the most frequently asked questions by business owners. The draft Consumer Goods

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  • Moving down the ranks

    By in Article, Labour on

    Employers are under the impression that a demotion relates to a decrease in earnings or a transfer to a lower ranked position only, but it covers a broader spectrum. Demotion does occur if there is a change in the conditions of employment which results in a material reduction in the employee’s remuneration, responsibilities or status, but according to the Labour

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  • The implications of the Amended Procurement scorecard

    By in Article, BEE on

    Since the Amended Codes of Good Practice came into effect on 1 May 2015, business owners have had sleepless nights thinking of the potential consequences it might have on their business. One of the important consequences of these amendments is the effect it has on the procurement of a business when it comes to that business’s Broad-Based Black Economic Empowerement

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  • Poor work performance and ill heath incapacity: Not an outright licence to dismissal

    By in Article, Labour on

    Employers are often unaware of the strict guidelines set by the legislature when faced with employment situations concerning incapacity due to poor work performance and ill health. This is evident from the number of cases where employers made uninformed decisions in dismissing employees involved in poor work performance and ill health incapacity. A look at case studies In White v

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  • The automotive industry and MIOSA

    The Consumer Protection Act (CPA) 68 of 2008 makes provision for Industry Codes of Conduct to regulate the application of the CPA within a specific industry, once so published as an Industry Code of Conduct. The legislation After a number of drafts, the legislature finally published the South African Automotive Code of Conduct (hereafter referred to as the Code) in

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  • Pregnancy in the workplace

    By in Article, Labour on

    Pregnancy in the workplace and the rights and obligations that apply to both the employer and employee is an important topic with many aspects to it. Pertinent questions arising from this topic are: “What is the employee entitled to?” “What are the obligations of the employer?”, “How does an employer avoid discriminating against a pregnant employee?”. The purpose of this

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  • Draft Amended Tourism Sector Code – what it looks like

    By in Article, BEE on

    The Department of Trade and Industry (DTI) recently published the draft Amended Tourism Sector Codes for public comment. The public have 60 days to comment on the proposed amendments. Some of the major amendments to the current Tourism Sector Codes will be identified in this article. EME, QSE and Large Enterprise Thresholds The Exempted Micro Enterprise (EME) turnover threshold will

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  • Amendments to the LRA

    By in Article, Labour on

      In light of the new amendments to the Labour Relations Act (LRA) the blanket of protection has been lifted with regards to Temporary Employment Agencies, better known as labour brokers. What is a Temporary Employment Service? A Temporary Employment Service includes any person who receives compensation for providing a client with other persons to: render services or perform work

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  • 4 little known facts about the CPA

    The Consumer Protection Act (CPA) contains interesting facts – many of which stakeholders of this legislation are unaware: A consumer does not have the right to return a product that he/she purchased just because he/she does not like it anymore (buyer’s remorse). The CPA is clear on the specific instances when a consumer is entitled to return a product. A

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  • Expired Warnings: A Thing of the Past?

    By in Article, Labour on

    Schedule 8 of the Labour Relations Act (LRA) Code of Good Practice, requires an employer to apply progressive discipline in the workplace. The purpose of issuing warnings to an employee is to try and correct his/her behaviour. Warnings are not intended as punishment. In order to comply with the LRA, every workplace should adopt a Code of Conduct stipulating the

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  • Skills Development: An important skill to master for BEE purposes

    By in Article, BEE on

    The new BEE Codes of Good Practice which came into operation on 01 May 2015, included significant changes in terms of Skills Development. Only businesses falling under the manufacturing-, wholesale- and retail sectors are currently affected by the new Codes. Other sectors are yet to be aligned with the new Codes. This article discusses some of the significant changes relating

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  • When is suspension an unfair labour practice?

    By in Article, Labour on

    The Labour Relations Act (LRA) contains the following definition for unfair labour practice: ‘Unfair labour practice’ means any unfair act or omission that arises between an employer and an employee involving: Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to

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  • What is POPI?

    The Protection of Personal Information Act is commonly referred to as POPI. The purpose of the this Act is to ensure all South African businesses conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity’s personal information by holding them accountable should they abuse or compromise the third party’s personal information in any way. POPI legislation

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  • Dismissal for misconduct

    By in Article, Labour on

    Many employers are uncertain as to when misconduct justifies a dismissal of an employee. Misconduct is one of three grounds justifying dismissal in terms of the Labour Relations Act (LRA). The LRA sets out three grounds justifying employee dismissal: Incapacity, or poor work performance. Operational requirements, better known as retrenchments. Misconduct Misconduct is distinguished from the other grounds in that

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  • Sector codes and the Amended BEE Codes

    By in Article, BEE on

    The Amended Codes and Sector Codes The implementation of the revised Broad-Based Black Economic Empowerment (B-BBEE) Amended Codes of Good Practice (hereafter referred to as the Amended Codes) has left many business owners confused. They have questioned the new Codes and how it will affect or impact each sector code. Most businesses currently fall within the following codes: Construction ICT

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  • Sexual harassment in the workplace

    By in Article, Labour on

    Sexual harassment can be defined as any unwanted conduct of sexual nature, which can be in the form of unwelcome physical, verbal or non-verbal conduct. Examples include: touching, unwelcome jokes, whistling, rude gestures, requests for sex and staring at someone’s body in an offensive way. This is more clearly defined in the Labour Relations Act (LRA) which deals with sexual

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  • Promotional competitions and the CPA

    Since the Consumer Protection Act (CPA) 68 of 2008 has come into effect, promotional competitions now falls within the sphere of the CPA and must conform to certain mandatory requirements to be legal and valid. This article discusses the impact of the CPA on promotional competitions by answering frequently asked questions: How has the CPA changed the way in which

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  • In sickness and health: employees and sick leave according to the BCEA

    By in Article, Labour on

    A brief but comprehensive discussion of employee absence, medical certificates and the role of traditional healers for South African employers. In the South African workforce, it is generally known that if an employee is absent from work for two or more consecutive days, they must provide a medical certificate. However, fewer employers are aware that if the employee is absent

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  • Amended BEE Codes for QSEs

    By in Article, BEE on

    The finalised Amended BEE Codes for Qualifying Small Enterprises (QSEs) were published on 6 May 2015. This article briefly addresses important questions for QSEs in terms of these amendments.  How does the amendments affect me? The QSE scorecard has been amended to accommodate smaller businesses. Few amendments will have the biggest impact which are discussed below: Management & Control Senior,

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  • Workplace retirement: When to retire

    By in Article, Labour on

    Few employers take note of retirement ages during employment and before they realize, an employee has reached a certain age where they want to retire from working. This article addresses employers’ commonly asked questions about retirement. The most commonly asked question about retirement are as follow: When can employees retire? What happens when an employee retires? Can employees remain in

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