The guidelines will be effective from 01 July 2021 and will have a major effect on the restrictive service and repair plans often brought against consumers in South Africa. As owners of new vehicles, we are often forced into making use of specific vehicle manufacture's service centres, repair shops and service plans. When we, as consumers, use independent service centres, the manufacturers void their warranties. The guidelines as set out by the Competition Commission will allow many changes,...

Years back, during my 3rd year with SEESA, I was confronted with the following facts during a Disciplinary hearing. The barman at the hotel consumed alcohol whilst on duty that belonged to the company. I immediately thought, after listening to the employer’s statement along with the evidence submitted, that this would justify a dismissal. The employee, however, presented his case, and it was discovered that the employee was a recovered alcoholic who has been sober for 18 years (The company was...

According to the Basic Conditions of Employment Act, as amended, employees are entitled to 10 consecutive days of Parental Leave for the birth of a child or upon an adoption order being granted. Previously employees were entitled to claim three days of Family Responsibility leave which they could use for a birth of a child. However, now employees are entitled to ten consecutive days of Parental Leave. These ten days of Parental Leave will be unpaid, and the employee will be entitled to claim...

The Labour Relations Act 66 of 1995 sets out the guidelines in the Code of Good Practice on the handling of sexual harassment cases. The object of the code is to eliminate sexual harassment in the workplace, and it provides appropriate procedures to deal with the problem and prevent a recurrence. Sexual harassment can be defined as any unwanted conduct of a sexual nature. For example, sexual attention becomes sexual harassment if: a) The behaviour is persisted in, although a single incident of...

The perception that the adjudicator of a dispute may be biased is an ever-present risk. The issue is not a trivial one, A long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done (R v Sussex Justices, ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233)). A hypothetical question can be used to provide context. “Is it advisable for an employer to have a...