FAQ – May I dismiss an employee for not wearing a facemask?

by see-wpdev | Oct 17, 2021

The Labour Court has already urged employers to act robustly against employees who flouted the COVID-19 regulations, and this was confirmed in a recent CCMA case. In Ngcobo v East Coast Board (Pty) Ltd (2021) 8 BALR 826 (CCMA), the employee breached the Health and Safety rules by not wearing a facemask during working hours. He was dismissed after receiving a previous final warning for the same offence. The employee made light of the rule and claimed that the incident occurred when the lockdown...

FAQ – May employees embark on strike action without following certain legal requirements?

by see-wpdev | Oct 8, 2021

The answer to this is no. Although our constitution guarantees every employee the right to strike. As with any other right, the right to strike is not unqualified. Certain legal protections, including the right not to be dismissed, is limited to protected strikes. For a strike to be considered a protected strike, the employees must adhere to the legal requirements prescribed by the Labour Relations Act. They must refer a dispute to the CCMA. The dispute must first be conciliated and...

FAQ – Are Shop Stewards Only Allowed Where The Union Has Majority Status?

by see-wpdev | Oct 1, 2021

Section 14 of the Labour Relations Act (LRA) always provided that shop stewards are only allowed in the case of majority Unions, but this is no longer true in all cases. Section 21(8)A of the LRA, as amended, provides that as long as it is the only Union in the workplace and no other Union has such right, they can apply to the CCMA to grant them this right even where they do not hold majority status. To find out how SEESA can help your business visit our website for more:...

FAQ – Why Is It Important For My Suppliers To Be BEE Compliant?

by see-wpdev | Sep 26, 2021

The Procurement Element gives you the opportunity to build a strong, sustainable baseline for your BEE level. If one of your top suppliers is non-compliant, it can be the difference between a level 1 and a level 3. Always ensure that your top suppliers are at least on a level 4 and, where possible, a level 2 with 51% black ownership to gain maximum benefit from your suppliers. To find out how SEESA can help your business visit our website for more: https://www.seesa.co.za/...

FAQ – Should our company still comply with the Employment Equity Act if we are submitting voluntarily?

by see-wpdev | Sep 20, 2021

Yes, all companies that are submitting Employment Equity reports to the Department of Labour voluntarily are required to comply with all aspects of the Employment Equity Act. The following duties should be complied with even though your company is submitting Employment Equity voluntarily: Duty to appoint an Employment Equity Manager;Duty of communication and awareness; Duty to establish an Employment Equity Committee;Duty to compile an analysis;Duty to compile a EE plan with a one to...

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

by see-wpdev | Sep 12, 2021

Deregistering from the Employment Equity Public Register is compulsory for all companies not submitting anymore. This includes but is not limited to the following: Section 197 (Transfer of business) Mergers/acquisitions; Labour court order;Liquidation/judicial winding; Insolvency;Not deemed a designated employer anymore;Not reporting for tender purposes anymore; To find out how SEESA can help your business visit our website for more: https://www.seesa.co.za/ #TeamSEESA

FAQ – How to deal with employees sleeping on duty.

by see-wpdev | Sep 5, 2021

Sleeping on duty may either occur unintentionally where an employee drowses or dozes off due to sedative medication or long hours of sitting. However, sleeping on duty may also occur intentionally where an employee went to hide away or re-arranged chairs in order to make a temporary bed. Employers are always urged to have a policy in place that addresses sleeping on duty and applying progressive discipline as far as possible. If an employer has a suspicion that an employee is...

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

by see-wpdev | Aug 27, 2021

Any fix-term contract can be cancelled by giving 20 business days’ notice for cancellation. In certain instances, the supplier is also allowed to charge a reasonable cancellation fee or penalty charge. Section 14 allows for the cancellation of a fix-term contract. However, it is essential to note that Section 14 does not apply to a consumer agreement between two juristic persons. So it has to be between a juristic person and a natural person. How are these penalties calculated? Section 14...

FAQ – Can POPIA provisions affect disclosure of information in hearings?

by see-wpdev | Aug 22, 2021

POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development. Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an...

FAQ – How long will it take to issue a B-BBEE certificate?

by see-wpdev | Aug 13, 2021

Phase 1: • Once your Legal Advisor has received all the required documents from a client, the Legal Advisor will peruse the documents and refer them to a Senior Legal Advisor if deemed complete; • The client will be provided with a preliminary score. Phase 2: • The verification pack is sent to a SANAS accredited verification agency to perform the verification. Phase 3: • The verification process takes on average 4-6 weeks to complete from the date of referral; • The client will receive an...

FAQ

FAQ – May I dismiss an employee for not wearing a facemask?

FAQ – May employees embark on strike action without following certain legal requirements?

FAQ – Are Shop Stewards Only Allowed Where The Union Has Majority Status?

FAQ – Why Is It Important For My Suppliers To Be BEE Compliant?

FAQ – Should our company still comply with the Employment Equity Act if we are submitting voluntarily?

FAQ – Is deregistration from the Employment Equity Public Register compulsory for all companies not submitting anymore?

FAQ – How to deal with employees sleeping on duty.

FAQ – Can a consumer cancel his fix-term agreement before the expiry date?

FAQ – Can POPIA provisions affect disclosure of information in hearings?

FAQ – How long will it take to issue a B-BBEE certificate?

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