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Most Read Article of 2021

Most Read Article of 2021

The Difference Between Negligence And Gross Negligence. It is essential to distinguish between negligence and gross negligence. The reason being that negligence will not warrant dismissal for a first offence, whereas gross negligence could warrant dismissal for a first offence. Negligence is seen as the failure to fulfil the standard of care that ought to be exercised by a reasonable person in a particular situation. In labour law, the reasonable person test is used to establish negligence....

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Can An Employee Be Dismissed For Making Racial Posts On Social Media?

Can An Employee Be Dismissed For Making Racial Posts On Social Media?

It’s safe to say that social media has infiltrated our personal lives and working environments to such an extent that one does not always realise the repercussions of posting and commenting freely on these platforms since it has formed part of our everyday activities. Racism can be defined as prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's race is superior.  The CCMA scrutinised this very definition and racial social...

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What should be on your product label?

What should be on your product label?

When the Consumer Protection Act (CPA) came into effect in 2011, it introduced a number of changes to existing trade- and consumer practices, seeking to regulate consumer affairs more readily and protect consumer rights. One area in particular that the CPA has affected is that of product labelling and trade descriptions. What is a trade description? The CPA defines a trade description as: Any description, statement or direct or indirect indication other than a trademark as to – The number,...

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Episode 103: Chapter 2 Of The Employment Equity Act

Episode 103: Chapter 2 Of The Employment Equity Act

SEESA Skills Development Facilitators, Bronwin Pitt and Charleen Munsamy discuss the Chapter 2 Policies within Employment Equity Act. Together, they advise on who is required to comply and provide you with a better understanding as they briefly discuss each policy. Click play to listen to our podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business? Signup Today! Contact any of our SEESA offices, alternatively, leave your contact details on our...

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Fixed-Term Contracts And The Implications Of Incorrect Use

Fixed-Term Contracts And The Implications Of Incorrect Use

Fixed-term contracts sound appealing in theory but can be very complicated. As such, the Labour Relations Act was amended in 2014 in an attempt to provide guidance on fixed-term contracts. Section 198B of the Labour Relations Amendment Act deals with fixed-term term contracts and defines a fixed term contract as a contract of employment that terminates either: on a fixed date; on a specified event; or once a particular project or task has been completed. This section does not apply to...

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Sick Leave In The Workplace

Sick Leave In The Workplace

Employers across South Africa are faced with employees taking sick leave and the calculations of the wages that the employee are entitled to whilst being on sick leave. In this article, the following will be explained: The number of days an employee is entitled to when the employee is sick;The proof that the employee needs to submit to qualify for paid sick leave;The calculation of the wages the employee is entitled to whilst being on sick leave. The number of sick days an employee is entitled...

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Episode 102: What Is A Specialised Scorecard And Which Entities Does It Apply To?

Episode 102: What Is A Specialised Scorecard And Which Entities Does It Apply To?

SEESA BEE Legal Advisors Saigal Inderpal and Seshni Chetty discuss the type of entities that the Specialised Scorecard applies to as well as the requirements thereof. They also discuss the instances where an affidavit is applicable and how the beneficiaries of an organisation affect the BEE status of the specialised entity. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with any BEE related queries you might have alternatively, SMS "SEESA" to 45776...

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Who Really Benefit In Terms Of B-BBEE?

Who Really Benefit In Terms Of B-BBEE?

We often hear that B-BBEE is only meant for a select few individuals and that it doesn’t really serve its purpose. There are possibly some individuals that benefit more than others when we only take the Ownership element on the B-BBEE scorecard into account. There’s still a perception that Ownership is everything. We tend to forget that Ownership is only one of the elements on the entire B-BBEE scorecard. As a business owner, you can decide where you want to make the most significant...

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May An Employee Refuse To Provide An Employer With Information On COVID-19, Under The Protection Of The POPI Act?

May An Employee Refuse To Provide An Employer With Information On COVID-19, Under The Protection Of The POPI Act?

With the Protection of Personal Information Act No 4 of 2013 becoming more and more part of our daily vocabulary, there are still many uncertainties regarding certain aspects of the Act. Many employees feel that the Act of the employer requesting information of a positive COVID-19 result or information from themselves, their spouses or persons they alleged to have been in contact with or live with are in contravention of the POPI act. In this article, the definition of Personal Information...

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Episode 101: What Is Progressive Discipline In The Workplace And How Is It Applied?

Episode 101: What Is Progressive Discipline In The Workplace And How Is It Applied?

Progressive discipline is a method used by employers to address an employee’s behaviour in the workplace and to correct such behaviour by implementing a step by step disciplinary approach. SEESA Labour Legal advisors Franzet Bothma and Felicia Smit discuss progressive discipline in the workplace, its purpose, and how it is applied. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour related queries you might have. Alternatively, please...

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