Focus

B-BBEE Restructuring – Pitfalls to avoid

by | Sep 11, 2018

Most Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes have been amended and are currently in effect. There is a great need for businesses to become B-BBEE compliant. In order to do these many companies are considering restructuring to assist with compliance, but if this is not done properly the process could actually cause more harm than good. When considering different restructuring options it is important to steer clear of any practice that could be seen as a fronting practice as...

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The employers guide to: The Youth Employment Service

by | Aug 21, 2018

Gazetted on 29 March 2018, The Youth Employment Service (YES), intended to provide work opportunities for black youth between the ages of 18 and 35. This transformative endeavour by the Government aims to lower the increasingly high levels of unemployment in South-Africa to provide 12 month or fixed-term employment contracts. The YES initiative intendeds on incorporating its implementation into the Skills Development element of the Amended Broad-Based Black Economic Empowerment (B-BBEE)...

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What is tender fraud and how to avoid it

by | Jul 31, 2018

Since the political transition of South Africa in 1994 and the implementation of Broad-Based Black Economic Empowerment (B-BBEE), tender fraud became an issue South Africa is facing. There are 7 main types of tender fraud: Misrepresentation of a company’s credentials including their ownership, management and control, directors and turnover, by submitting forged documents. Collusion and manipulation in the tendering process between employees and issue of the tender in the form of bribes or...

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Determining if something is racist or derogatory

by | Jul 12, 2018

Everybody should know by now that the use of racist and or derogatory language in the workplace could cost you your job. Even referring to a black person as “daai swartman”, can be racist and derogatory – as seen in a recent case. Where words like these have been used, and for it to be construed as racist or derogatory, will depend on the real facts, the context within which it was used and through an objective test on how it should be perceived. The Labour Appeal Court (LAC) in Rustenburg...

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Dismissal for insubordination – a case study

by | Jun 1, 2018

The contract of employment is a reciprocal contract. This means that one promise is made in exchange for another, and one obligation is incurred in exchange for the other. The employee works in exchange for remuneration; the employer remunerates the employee in exchange for the employee offering to place his labour potential at the disposal and under the control of the employer. A clarifying case: This was the underlying principle in the Labour Appeal Court (LAC) matter between Barry Jorgensen...

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Racist language in the workplace – a case study

by | May 28, 2018

The Constitutional Court of South Africa recently held that referring to a colleague as a “swart man” was racist and derogatory in the circumstances and justified the dismissal of the employee who uttered the words. Case: In Rustenburg Platinum Mine v SAEWU obo Meyer Bester and Others [2018] ZACC 13 Mr. Bester (a senior training officer at a mine) had been allocated a parking bay for his large 4x4 vehicle. The owner of a similar vehicle began using the bay alongside Bester’s, which made it...

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Highlights from the BEE Commission’s Annual Conference 2018

by | May 25, 2018

Improving State Procurement for real empowerment - this was the theme of the Broad-Based Black Economic Empowerment (B-BBEE) Commission’s annual conference, held on 15 March 2018. In terms of Section 13G of the B-BBEE Act, all State entities and Government departments are required to submit their B-BBEE report (verification) to the B-BBEE Commission on an annual basis. All State entities and Government departments are required to implement B-BBEE. These entities does not have an option whether...

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The importance of having a social media policy in the workplace

by | May 4, 2018

With the explosion of social media, challenging obligations and responsibilities can be created. Employees can express themselves about literally anything, and some of these views could damage a company. So, how to do deal with an employee who does something wrong on a social networking site? The common law rules of defamation apply equally to all social network sites and electronic communication media. There are no special rules for social media or e-mail usage. This policy provides guidance...

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Employer’s Guide to WhatsApp groups in the workplace

by | Apr 26, 2018

WhatsApp became a household brand when the instant messaging platform reached 1.5 billion users worldwide in January 2018. It is no surprise that for some time now employers have seen the benefit of using this app as a preferred communication platform with and among employees. While instant messaging with individuals or larger audiences in ‘group chats’ has many advantages, it does come with a word of warning. Here are some of the pitfalls that employers must heed: Employees are always on call...

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Will the Amended Construction Sector Codes affect your business? Ask these 3 questions to know.

by | Apr 10, 2018

The publication of the Amended Construction Sector Charter in December 2017 changed the status quo for the construction industry. How do you know whether you will be subject to the provisions of the Amended Construction Sector Code? Ask yourself these 3 questions: Do you operate in the Construction Sector? The Construction Sector includes all enterprises that derive more than 50% of their annual revenue from construction-related activities. Do you perform any construction-related activities...

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