Labour

Guidelines for Competition in the South African Automotive Aftermarket

Guidelines for Competition in the South African Automotive Aftermarket

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,...

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Resignation With Immediate Effect – What Remedies Does The Employer Have

Resignation With Immediate Effect – What Remedies Does The Employer Have

The issue with employees resigning with immediate effect is a problem that seems to be happening more often. Employees simply send a message or letter stating that they resign with immediate effect and leave the employer helpless. The employee simply ignores the stipulated notice periods in their contracts. The questions constantly arise, what remedies does the employer have? Employees are usually required to give one week notice, should they been employed for less than six months, two weeks...

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Alcoholism in the workplace: Misconduct or Incapacity?

Alcoholism in the workplace: Misconduct or Incapacity?

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...

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Did You Know? Employees are now entitled to Parental Leave.

Did You Know? Employees are now entitled to Parental Leave.

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...

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Sexual harassment at the workplace

Sexual harassment at the workplace

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...

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How does the Motor Industry Bargaining Council (MIBCO) earning threshold influence the employer’s obligation to register employees with the Provident Fund?

How does the Motor Industry Bargaining Council (MIBCO) earning threshold influence the employer’s obligation to register employees with the Provident Fund?

On 08 February 2021, The Government Gazette (Vol. 44137) was published stipulating the increase of the earnings threshold, which now amounts to R211 596.30 per annum, an increase of R6 163.00. On 18 March 2021, another Government Gazette (Vol. 44289) was published, stipulating that Non-Parties should now also adhere to the regulations as stated in the MIBCO Main Collective Agreement. In this Gazette (Vol. 44289), it stipulates that the MIBCO Main Collective Agreement was extended to...

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Episode 77: Alcohol Related Offences / Intoxication As Misconduct.

Episode 77: Alcohol Related Offences / Intoxication As Misconduct.

SEESA Labour Advisors, Charl Vollgraaff and Charl Fourie discuss key aspects of alcohol-related misconduct and pitfalls encountered by employers. They discuss the practical elements of breathalyser testing, "zero tolerance" policies and related disciplinary action. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with alcohol-related misconduct or any labour related queries you might have. Alternatively, please leave your contact details on our...

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FAQ – Should employees receive warnings or unpaid leave if they are absent from work?

FAQ – Should employees receive warnings or unpaid leave if they are absent from work?

Employees have a duty to work the hours required of them, with the substantial amount of public holidays during this time of the year, there has been an increase of employee absences without good reason, leave or permission. Many employers are unsure how to deal with such absences appropriately. Firstly, it should be noted that employee absence and the failure to inform the employer of said absence are two separate offences. Should an employee be absent, even with good reason, and not inform...

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Disciplinary Hearings – Biased Chairpersons

Disciplinary Hearings – Biased Chairpersons

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...

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Short-time in the workplace during the COVID-19 pandemic

Short-time in the workplace during the COVID-19 pandemic

The code of good practice states that dismissal must be a last resort. However, we cannot shy away from the effects of the ongoing global pandemic, coronavirus, within the scope of industrial relations. It can be stated that after the hard lockdown most employers are breathing through the wound since there is a shortage of work, lack of business, just to mention a few. The unprecedented financial havoc caused by a shortage of work and lack of business has resulted in most businesses running a...

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