Labour

The Implications Of A Resignation On Pending Disciplinary Action

The Implications Of A Resignation On Pending Disciplinary Action

One of the ways that an employment relationship is terminated is through resignation by the employee. This usually requires the employee providing notice to the employer in line with his/her contract of employment, alternatively in terms of the minimum statutory notice periods prescribed by the Basic Conditions of Employment Act[1]. It is, however, not uncommon for employees to tender resignation letters with immediate effect, meaning the employee would cease work on the date the resignation...

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Do You Need Assistance With Retrenchments, CCMA, Warnings, Hearings Or Dismissals?

Do You Need Assistance With Retrenchments, CCMA, Warnings, Hearings Or Dismissals?

Take your business to the next level with SEESA Labour. For a monthly retainer fee, you have access to: • Standard Labour documentation • On-Site assistance for any Labour issue • SEESA ProFile To find out how SEESA can help your business visit our website for more: https://bit.ly/37JJQE1 "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you!

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Cannabis In The Workplace

Cannabis In The Workplace

On the 18th of September 2018, The Constitutional Court decriminalised the use of cannabis in private surroundings and with the cabinet that has given the go-ahead to the official proposals made by the Cannabis for Private Purposes Bill of 2020. The legislation will now be passed through Parliament before receiving its final approval. Safety concerns are usually a company's main reason for prohibiting cannabis in the workplace as usage has been linked to an increase in job accidents and...

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Did You Know? – An Exemption Application Can Allow Your Employees To Work More Than The Regulated 10 Hours Overtime Per Week.

Did You Know? – An Exemption Application Can Allow Your Employees To Work More Than The Regulated 10 Hours Overtime Per Week.

The maximum prescribed overtime hours per week is 10 hours, however, with the Exemption application, you can let your staff work more than 10 hours of overtime per week. The Exemption for overtime hours can be especially helpful to farms during harvest season as you can let your current employees work who already know what to do rather than appointing extra staff for the season on fixed-term contracts. The Exemption application must be accompanied by an Affidavit from the owner as well as a...

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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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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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