DID YOU KNOW

DYK – An Employee Can Be Fairly Dismissed For Attending The Workplace While Testing Positive For COVID-19 Or After Being In Contact With COVID-19.

DYK – An Employee Can Be Fairly Dismissed For Attending The Workplace While Testing Positive For COVID-19 Or After Being In Contact With COVID-19.

In the matter of Eskort Limited v Mogotsi, the Labour Court held that the dismissal of an employee on the grounds of gross negligence and failing to comply with the health and safety protocols in the workplace was fair. The employee in this matter attended the workplace whilst knowing that he was in close contact with a co-worker who had tested positive for COVID-19, after having gone for a COVID-19 test himself and even after receiving his positive COVID-19 test result. He furthermore, after...

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DYK – Internal Training Can Be Used For The Mandatory Grant Submission.

DYK – Internal Training Can Be Used For The Mandatory Grant Submission.

We can submit your internal training for the Mandatory Grant submission where the employer can claim 20% of the SDL (Skills Development Levies) that they pay to SARS. Internal training is new skills or knowledge that the employees of a company receive from someone within the same company. It refers to business operations rather than formal learning at a university or any external training at another company. Examples of how internal training can be recorded are; new employee's duties; new...

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DYK – The POPI Act Places Higher Standards To The Processing Of Personal Information Of Children?

DYK – The POPI Act Places Higher Standards To The Processing Of Personal Information Of Children?

The POPI Act stringently regulates the processing of personal information of children, that is any person under the age of 18 years. Section 34 of the Act provides for a general prohibition against the processing of children's information, while Section 35 provides a list of exceptions under which children's information may be processed. Section 35 provides that children's information may only be processed on the basis of parental or a legal guardian's consent, for purposes of establishing,...

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DYK – Not all “black people” automatically qualify under the definition of “Black People” in terms of the B-BBEE Act.

DYK – Not all “black people” automatically qualify under the definition of “Black People” in terms of the B-BBEE Act.

According to the B-BBEE Act, “black people” is a generic term that refers to Africans, Coloureds and Indians. (a) who are citizens of the Republic of South Africa by birth or descent; or (b) who became citizens of the Republic of South Africa by naturalisation (i) before 27 April 1994; or (ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation before that date. Any false representation of the above will result in a fronting investigation and the...

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DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.

Most Consumers will argue that a cosmetic defect can cause the agreement to be cancelled due to imperfection of the vehicle or part. One must look at the definition of a “defect”. A defect can be defined as "an imperfection (the state of having faults or blemishes) or abnormality that impairs quality, function, or utility". Regarding the definition mentioned above, cosmetic defects can't be seen as a defect but will be defined as an irregularity or imperfection which does not affect a...

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DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee

DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee

When a Notice of Desertion and Disciplinary hearing was personally served on the employee, and the employer submits sufficient proof of such service, then the disciplinary hearing may proceed in the employee's absence if they fail to attend the hearing. The mentioned disciplinary hearing notice is usually being served with a registered post whereby the employer receives a registered post slip as proof of sending. But in such a case, there is no concrete proof that the employee indeed received...

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DYK? – Agricultural enterprises wishing to export products to the UK will now have to be in possession of a valid BEE certificate or an Affidavit. This will enable your enterprise to apply for an export permit, as this has become one of the permit using conditions.

DYK? – Agricultural enterprises wishing to export products to the UK will now have to be in possession of a valid BEE certificate or an Affidavit. This will enable your enterprise to apply for an export permit, as this has become one of the permit using conditions.

The issuing of export permits for agricultural products to the United Kingdom will be regulated by the SACUM-UK Economic Partnership Agreement, which is subject to the Agricultural Black Economic Empowerment (AgriBEE) Sector Code. The B-BBEE status of applicants will be regarded as one of the conditions of Issuing an export permit. A B-BBEE status is obtainable from a valid B-BBEE certificate measured against the Amended AgriBEE Sector Codes issued by a SANAS accredited verification agency or...

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DYK? – SEESA Skills Training provides training courses that will assist your company with the minimum requirements to comply with the OHS Act

According to the OHS Act and the minimum requirements, in order to be compliant, a company with more than ten employees must assign 1 First Aider, and for more than 50 employees, another one. Companies with more than 20 employees have to assign a Health and Safety inspector and another one for more than 50 employees. SEESA Skills Training provides and facilitates courses that clients can attend on our retainer package and at no extra costs in order to ensure these requirements can be put in...

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Did you know? – A consumer may cancel an agreement at any time?

According to section 14 of the Consumer Protection Act 68 of 2008, a consumer may cancel an agreement at any stage by giving the supplier 20 business days' notice. Once the consumer has given notice to the supplier, the consumer remains liable for any amounts owed to the supplier up to the date of cancellation. The supplier may ask for a cancellation fee if the agreement is terminated prematurely by the consumer.  This cancellation fee must be reasonable.  The reasonability depends...

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Did You Know? – Your BEE certificate must be issued by a SANAS accredited verification agency in order to be valid

The South African National Accreditation System (SANAS) is the only national body responsible for carrying out accreditations in respect of conformity assessment, as a mandate through the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act (Act 19 of 2006) Apply for Accreditation. Accreditation is important because it helps determine if an institution meets or exceeds minimum quality standards. To become a Verification Agency, any enterprise (public and...

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