Focus

Consequences of disregarding picketing rules

by | Dec 13, 2018

The retailer Dis-Chem has made headlines with a worker strike that resulted in the Labour Court barring union members from picketing and protesting outside the retailer's stores until 27 February 2019. This ruling made a statement on the transformation of collective bargaining in South Africa. Labour laws in practice The right to picket can be traced back to Section 17 of South Africa’s Constitution (1996) which provides that everybody (strikers and their supporters) has the right to collect,...

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A better understanding of Incompatibility

by | Dec 12, 2018

Incompatibility is a term that is rare, vague and uncertain in our law as it is not mentioned as a possible ground or reason for dismissal in terms of Section 188 of Labour Relations Act 66 of 1995 (LRA). According to Christianson (2002: 163), incompatibility has been defined as the inability on the part of the employee to work in harmony within the corporate culture of the business or with fellow employees (1994: 285-6). Grogan (2003: 277) similarly defines incompatibility as follows:...

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SED Contributions in the Agricultural Industry

by | Dec 12, 2018

Entities that fall under the scope of application for the Agricultural Sector Codes are required to provide sector specific contributions as part oftheir Socio Economic Development (SED) initiatives. The contributions must tobe related to the Agricultural Industry (refers to the combination of FarmingEnterprises and Agri-business Enterprises). Both Generic Entities(Turnover that exceeds R50 million) and Qualifying Small Enterprises (turnover that is below R50 million) have to comply with the...

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Consumers Rights When It Comes To Direct Marketing

by | Nov 26, 2018

We have all received the unwanted unknown caller phone calls and answered it thinking “what if it is an emergency of a family member etc.” only to be pestered by the unwanted direct marketing calls. These days, one can install an application on your mobile, to identify spam and/or marketing calls, but it seems that the marketing companies have multiple numbers from which they phone and all of them have not been blocked on these applications. There are a few things that you should know as a...

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The impact of discrimination in the workplace

by | Nov 19, 2018

Workplace discrimination is defined as a work environment that exhibits bias or discriminatory behaviour in the treatment of the employees based on a number of varying factors, such as marital status, gender, pregnancy, sexual preference, race, colour, nationality, disability, belief, or age. Such discrimination occurs at all stages and levels within an organisation, from employment to retrenchment, and from remuneration to assigning of job responsibilities. Discrimination in the workplace can...

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The Tendering Process in South Africa

by | Nov 5, 2018

A tender refers to the process whereby governments invites bids for large projects that must be submitted within a prescribed deadline. During this process, an offer, bid, proposal or expressing interest in response to an invitation are made. It is important for all potential bidders to familiarize themselves with the tender process and principles in South Africa. The process includes attending briefing sessions, reading the whole tender document, ensure you take note of the closing date and...

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CPA “Calls Out” Call Centers

by | Oct 19, 2018

Continuing advances in technology have allowed consumers more freedom in how they connect, interact and transact. The ripple effect of this means that the gate has been opened to non-consensual information sharing and unsolicited direct marketing to consumers. Direct Marketing is defined as follows: Approaching a person, either in person or by mail or any other electronic means for the direct or indirect purpose of promoting or offering to supply any goods or services to that person....

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4 Things To Keep In Mind For Your Business’s Website

by | Oct 9, 2018

With new age technology these days most businesses use websites to promote their business. Some, just to make it easy for their clients to find them and other as an e-commerce platform. If your company uses its website to conclude transactions you will need to ensure that you pay attention to the requirements set out in the Electronic Communications and Transactions Act (ECTA) and the Consumer Protection Act (CPA). Here are a few aspects you can consider: You will need to determine when a...

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5 Steps to a failsafe policy implementation

by | Oct 9, 2018

Workplace policies are a specific set of rules or procedures that are followed within a company. These could contain detailed procedures that must be followed when performing daily duties and responsibilities, a health and safety procedure used in the event of an emergency or even a set of general rules that must be complied with, such as a dress code etc. In Shoprite Checkers vs Thokiso the employer introduced a rule that required employees to declare goods that they have in their possession...

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The Employer’s Guide: Marijuana legalised… or is it?

by | Sep 20, 2018

With the Constitutional Court officially passing a judgment on 18 September in terms of legalizing the household use of dagga, the whole country seems to be in an uproar. What does this entail for employers in terms of still ensuring a productive and safe working environment for all? We can expect that employers will now face a situation where some employees aim to take advantage of this situation and if reprimanded for unacceptable behaviour, employees might plead ignorance....

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