Labour

Episode 54: Disciplinary Action Against Directors

Episode 54: Disciplinary Action Against Directors

SEESA Labour law experts, JG du Plessis and Albert Mouton explore the problematic topic of taking disciplinary action against a director of a company and if an automatic termination clause in the company’s Memorandum of Agreement will be lawful.   Click play to listen to our podcast! Need assistance with disciplinary action in your business? Contact your nearest SEESA office, alternatively, leave your contact details on our website at www.seesa.co.za #TeamSEESA #Labour

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Protected Disclosures /Whistleblowing Policy

Protected Disclosures /Whistleblowing Policy

Businesses can only benefit from having a proper Protected Disclosures and or Whistleblowing Policy in place. There have been instances where no such policy existed and disclosures were made to the media and the employer only found out when confronted by the media. If a business implemented a Protected Disclosures Policy, then they have taken the first step to prevent possible exposure to embarrassing media coverage. The concept of a Protected Disclosure is also referred to as a Whistleblower...

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Did You Know? – COVID-19 TERS Online Applications For The Period Of 16 September – 15 October Will Open Monday 23 November 2020

Did You Know? – COVID-19 TERS Online Applications For The Period Of 16 September – 15 October Will Open Monday 23 November 2020

Did You Know? - COVID-19 TERS Online Applications For The Period Of 16 September - 15 October Will Open Monday 23 November 2020. SEESA (PTY) Ltd will have our annual closure from the 18th of December 2020 until the 4th of January 2021, during which time no COVID-19 TERS applications will be submitted on behalf of our members. PLEASE NOTE THE FOLLOWING: All TERS applications (in the accepted, correct format), to be submitted on behalf of our members for the period 16 September - 15 October,...

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FAQ – What Happens To Employees When A Business Goes Bankrupt

FAQ – What Happens To Employees When A Business Goes Bankrupt

In the normal sphere of the law, a business needs to start retrenchment proceedings if there are financial difficulties and there is no other way of getting around it. If a business is liquidated, the retrenchment process isn’t always followed. Section 38 of the Insolvency Act, as amended, is our primary legislation in dealing with employees during a liquidation procedure. Step 1: Suspension In a sequestration process, the employees’ contracts of employment are suspended. This is not the same,...

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Is A Traditional Healer Certificate Valid In South African Law?

Is A Traditional Healer Certificate Valid In South African Law?

This has been a controversial issue for years, and yet the controversy continues. In May 2014 and September 2018 proclamations were made giving effect to provisions of the Traditional Health Practitioners Act 22 of 2007 (THPA). One of the more crucial provisions was the establishment of the Traditional Health Practitioners Council. The Purpose of the council was to regulate the practice. The are many challenges to ensure that all Traditional Practitioners comply with a number of criteria such...

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How to legally dismiss an employee?

How to legally dismiss an employee?

We often get requests from businesses to assist with dismissing employees immediately. It is however not that simple. There are only three grounds in terms of which the termination of employment will be legitimate. In today's podcast, SEESA Legal Advisors, Carla Theron and Stefan Tickner discuss the requirements and the procedures to follow for a dismissal to be fair. To find out how SEESA Labour can help your business, visit our website for more: https://bit.ly/2FLPuv0

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FAQ – What is the correct procedure during a strike?

FAQ – What is the correct procedure during a strike?

In terms of Section 23 of the South African Constitution, the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a limitation should, however, be reasonable. With regards to labour disputes, substantive limitations prohibit strikes in certain circumstances. Section 213 of the Labour Relations Act (LRA)...

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Zoom Meetings In The Time Of COVID-19

Zoom Meetings In The Time Of COVID-19

With the advent of COVID-19 and the subsequent lockdown which was announced, companies were forced to find alternative ways to complete routine tasks. The use of Zoom, Microsoft Teams and WhatsApp video call quickly became a go-to method for hosting and joining meetings. The use of video conferencing methods did not come without its own set of problems. Problems with connection, load shedding and distractions at home created new problems for employees working from home. One such example is in...

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FAQ – What To Do When An Employee Always Shows Up Late For Work?

FAQ – What To Do When An Employee Always Shows Up Late For Work?

For an offence such as late coming, the company should follow progressive discipline. Therefore, for a first offence, a written warning will be issued, thereafter a final written warning and then a disciplinary hearing can be scheduled. To find out how SEESA Labour can help your business, visit our website for more: https://bit.ly/2FLPuv0

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Episode 50: What Is A Medical or Ill Health Incapacity?

Episode 50: What Is A Medical or Ill Health Incapacity?

In today's episode, SEESA law experts, Bruce Roko and JG du Plessis explain the concept of a medical incapacity and the procedures related to such a process. Permanent incapacity arising from ill-health or injury is recognised as a legitimate reason for terminating an employment relationship and thus an employer is not obliged to retain an employee who is permanently incapacitated if such employee’s working circumstances or duties cannot be adapted. A dismissal would, under such circumstances,...

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