In-depth

Supplier accountability for defective goods

by | May 25, 2018

Businesses face risk for liability for defective goods every day. A recent important incident is the Listeriosis outbreak that crippled businesses and suppliers in the processed meat industry. The consequences are reaching far beyond just the businesses who are directly involved - farmers who supply livestock to abattoirs, who in turn supply carcasses to the relevant businesses. Even businesses supplying packaging materials are affected. Section 61 of the Consumer Protection Act (CPA) states...

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Are Mentoring Programmes worth it?

by | May 25, 2018

Doing business today requires having low-cost, yet high-quality, solutions. Starting a mentoring program in your business allows you to capitalize on your greatest resource, your employees. Mentoring programs are a cost-efficient way to get employees engaged and empowered. What are the benefits to the mentor? Being involved in mentoring provides some tangible benefits that can reward mentors professionally. Some key benefits to mentors include: Encourages the mentor to share...

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The employers guide to: Changes to the Skills Element of the Amended BEE Sector Codes

by | May 21, 2018

The Amended Agri-BEE Sector Code of Good Practice (“Agri-BEE Code”) was gazetted on 8 December 2017 with immediate effect. The elements that differ most from the Amended Codes of Good Practice are found in the Ownership, Skills and Supplier & Enterprise Development Elements. Exempted Micro Enterprises (EMEs) with a turnover less than R10 million, and Qualifying Small Enterprises (QSEs) with a turnover of between R10 and R50 million, which are at least 51% black-owned automatically qualify...

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Misconduct during a disciplinary hearing – what now?

by | May 21, 2018

Can an employee be dismissed for serious misconduct committed during a disciplinary hearing? A case study: The Labour Appeal Court (LAC) in the case of Ekurhuleni Metropolitan Municipality v South African Municipal Workers Union and Others recently decided the former issue but refrained from making a finding on the issue. The employee, Skhosana, in the case had been charged with misconduct and was required to attend a disciplinary hearing along with 6 other co-accused employees. Violence broke...

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The employers guide to: Discovery during disciplinary hearings

by | May 21, 2018

It is common cause that the employer, as a general rule, does not have a duty to discover certain documents or materials such as video footage and other recordings to the employees and/or their representatives. Discovery refers to the disclosure of certain evidential material that any of the parties to a dispute intends to use in support of their case at an enquiry. Principles of Evidence Schwikkard & van der Merwe 2nd edit. (2002) stated that discovery is a procedure used in civil...

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Is offering a plea bargain regarded as inconsistent?

by | May 4, 2018

Would it be an inconsistency if the co-perpetrator is given a lesser sentence should the employee testify? Section 3 (6) of Schedule 8 of the Labour Relations Act (LRA) provides that the employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as between 2 or more employees who participate in the misconduct under consideration. A distinction can be drawn between historical inconsistency...

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Personal Information in your Health and Safety File – what does the law say?

by | May 4, 2018

Requirements for the processing of Personal information in Terms of the POPI Act. The Protection of Personal Information Act, Act No.4 of 2013 (POPI) provides for a legal framework in terms of which information of a personal nature, held of any data subject, which includes a natural living or juristic person should be dealt with in a confidential way. The definition of personal information in the POPI Act includes amongst others any information of a date subjects race and ethnic origin, the...

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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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Proposed Amendments to the Codes of Good Practice

by | May 4, 2018

The Department of Trade and Industry have published the following 2 draft statements on 29 March 2018: Amend the following Draft Statement 000, Code Series 000 of 2018 (Gazette No.41546) Amend the following Draft Statement 300, Code Series 300 of 2018 (Gazette No. 41546) Both these draft statements are open for 60 days from the date of publication for public commentary. Generic Entities are encouraged to work through these proposed amendments and provide the DTI with their commentary. You are...

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Online Data Leaks – how can you protect your business?

by | Apr 26, 2018

Many business owners remain oblivious as to the purpose of the Protection of Personal Information (POPI) Act. If asked, these corporate bodies may admit to have a mere partially defined data protection plan in the workplace. Countless more business owners have yet to learn of the POPI Act’s existence. Recent events have highlighted data security as an ever growing concern and reiterated the need for upgraded information control measures in the workplace. The largest data breach to be recorded...

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