DID YOU KNOW

DYK – ESTA Regulates The Rights Of Occupiers On Agricultural Land (Farms) If Such A Right Was Established Exclusively From An Employment Agreement?

DYK – ESTA Regulates The Rights Of Occupiers On Agricultural Land (Farms) If Such A Right Was Established Exclusively From An Employment Agreement?

The Extension of Land and Tenure Act 62 of 1997 (the Act) regulates the right of residence of employees who work on a farm or stay in accommodation situated on property used for agricultural purposes and whose right of residence in that accommodation arises solely from an employment agreement. Section 8(2) of the Act states that the right of residence of an occupier who is an employee and whose right of residence arises solely from an employment agreement may be terminated if the occupier...

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DYK- Unsolicited Goods Can Be Kept Without Paying For Them

DYK- Unsolicited Goods Can Be Kept Without Paying For Them

There have been many instances where suppliers leave goods at consumers’ premises and later threaten the consumer that they need to pay for the goods. You can keep the goods without paying for them if you have informed the supplier that the goods: Were left without requiring or arranging for payment;Differ from goods that have been previously supplied;Were delivered after the termination of an agreement regarding the supply of goods;Were delivered at the wrong place or time; orWere never...

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DYK – New Mothers Have Postnatal Rights?

DYK – New Mothers Have Postnatal Rights?

According to the codes of good practice, a breastfeeding female employee is entitled to 2 intervals of 30 minutes each to allow her to breastfeed or express milk. This should be allowed every day for the first six months of her child’s life. A breastfeeding female employee is also not authorised to perform work that is hazardous to herself. Further to the above, an employer should allow arrangements for female employees to attend required postnatal clinics after she has given birth. Resources:...

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DYK – Your Company’s BEE Verification Can Be Done On Your Management Accounts

DYK – Your Company’s BEE Verification Can Be Done On Your Management Accounts

Many companies have experienced some frustration in the delay in waiting for their financial statements to be audited, signed and ready to be submitted for their BEE verification. Companies sometimes require that their BEE verification be done before finalising their audited financial statements for other reasons such as submitting tenders or keeping of contracts. There is a solution, and it is called the – “10 point check”. Companies can submit their management accounts as a substitute for...

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DYK – ESTA Regulates The Rights Of Occupiers On Agricultural Land (Farms) If Such A Right Was Established Exclusively From An Employment Agreement?

DYK – An Employer Is Allowed A Grace Period Of 7 Days To Pay Salaries When Faced With Economic Difficulties.

An employment relationship originates when an employer and an employee enter a contract of employment. The employee undertakes to execute certain specific and/or implied duties and in return for the employer to compensate the employee with a certain amount of remuneration.  For as long as an employee tenders its service, the employer must pay their remuneration on the date as specified in the employment contract and/or on the date the employee would normally receive its...

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DYK- Unsolicited Goods Can Be Kept Without Paying For Them

DYK – The Information Officer Has Responsibility To Conduct POPIA Internal Awareness Session

In terms of regulation 4(e) of the Regulations Relating to the Protection of Personal Information Act, it is the responsibility of the Information Officer to ensure that “internal awareness sessions are conducted regarding the provisions, regulations, code of conduct, or any information obtained from the Information Regulator”. The effect of this clause is that the company and Information Officer must remain up to date with the provisions, codes of conduct and any other information regarding...

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DYK – Property Practitioners Must Now Have A Valid BEE Certificate?

DYK – Property Practitioners Must Now Have A Valid BEE Certificate?

In terms of the most recent Property Practitioners Act 22 of 2019, which was signed into effect by the President in September 2019, Section 50(a)(x) stipulates that property practitioners must have a valid BEE certificate to renew their fidelity fund certificate. This includes: Estate agents;Managing agents;Rental agents;Business / Property brokers;Providers of bridging finance;Bond brokers;Property valuers;Developers. As all property practitioners need a valid fidelity fund certificate to...

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DYK – An Employee Cannot Resign To Avoid Disciplinary Action?

DYK – An Employee Cannot Resign To Avoid Disciplinary Action?

"The argument that where an employee gives notice of termination by resigning with immediate effect, then such an employee cannot be compelled to continue working for the employer because resignation is a valid unilateral act that comes into effect on the date the employee dictates that it will come to, and end is misinterpreted."  The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane. "Except where summary dismissal is warranted, the unilateral act of the employer in...

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DYK – An Employee Should Not Claim Medical Disability And Simultaneously Be Employed

DYK – An Employee Should Not Claim Medical Disability And Simultaneously Be Employed

Employees who are temporarily or permanently medically boarded may claim UIF or a SASSA medical disability grant, depending on their circumstances and whether they meet the requirements to submit a claim. A SASSA disability grant will be awarded, according to their website, if the claimant meets the legislated requirements and is not receiving any other disability benefit, and where the medical assessment confirms that the claimant cannot work because of their condition or disability. An...

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DYK – The Consumer Protection Act defines how long a fixed-term agreement should be and when it may be cancelled?

DYK – The Consumer Protection Act defines how long a fixed-term agreement should be and when it may be cancelled?

In terms of Section 14, read with Regulation 5 of the CPA (Consumer Protection Act 68 of 2008), a fixed-term agreement with a consumer, who is not a juristic person, should not typically exceed 24 months from the date of signature by the consumer. A Consumer may then also cancel the agreement upon expiry or even at any other time by giving 20 business days’ notice in writing. If the agreement expires, it will automatically continue on a month-to-month basis unless the consumer expressly...

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