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How Quickly Can I Get My B-BBEE Certificate?

With our world as we know it being forced to move over to remote or electronic means of conducting and continuing with business over the last eighteen months, it is evident that the world has also subsequently become expectant of absolutely everything else to happen quicker as well.   This is a blessing and a curse for most companies as some processes are sped up when we can find an alternative electronic means of conducting the same process rather than doing so manually. Should we...

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Can One Dismiss An Employee For Informing Someone That Their Employer Is Showing Symptoms Of COVID-19?

Can One Dismiss An Employee For Informing Someone That Their Employer Is Showing Symptoms Of COVID-19?

When an employee signs their employment contract, there is often a confidentiality clause which states that the employee will refrain from disclosing any confidential information to any third party whilst in employment with their employer and after termination, unless the employer agrees to disclose such information with the employee. Should the employee breach this clause, it possibly may lead to disciplinary action against the employee. But what happens when an employee informs the...

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The Protection Of Personal Information Act (POPIA) – More Than Just Consent

As the Protection of Personal Information Act 4 of 2013 (hereafter referred to as the Act) has become fully operational since 1 July 2021 businesses have tended to be solely focused on receiving consent from people or clients. The question to ask is: “Is consent enough to process personal information?” The simple answer is no, although consent is one of the fundamental requirements in the Act. The Act requires more than just consent. When referring to Section 18 of the Act, certain...

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Episode 90: ICT Sector Council Fees And The Impact It Has On The ESD Element

Episode 90: ICT Sector Council Fees And The Impact It Has On The ESD Element

In today's podcast, SEESA BEE Legal Advisors Solita Narayan and Seshni Chetty discuss the relationship between Information Communications Technology (ICT) Sector Council Fees and the Enterprise and Supplier Development elements (ESD). They also advise on the consequences of not paying these fees. 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 for an expert legal advisor...

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Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?

Many have asked the question, “Do I need to sign these agreements?” Before answering this question, we need to look at the POPI Act and find out under what circumstances personal information can be processed and whether obtaining consent is the only way in which a data subject’s personal information can be processed.  From what has been in circulation recently, it appears that there is a misunderstanding or misinterpretation of the Act and its application. Section 11 of the Protection of...

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Can I Make A Black Employee A Shareholder In My Company For An Extra Fee?

Many entities become demotivated when it comes to B-BBEE because they do not have any black ownership or the required black ownership percentage. However, most entities have become creative with ways to achieve ownership points in their entities, but beware that most of these “creative” ideas are indeed fronting, as per the definition in the B-BBEE Act. The business owners, unfortunately, are not aware of the legal consequences of their creativity. What is Fronting? The B-BBEE Act defines...

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Episode 89: When Would An Employer Follow Poor Work Performance Rather Than Misconduct?

Episode 89: When Would An Employer Follow Poor Work Performance Rather Than Misconduct?

In today’s podcast, SEESA Labour Legal Advisor’s Shashika Ramjugath and Ronallda Pillay provide a guideline to assist employers in differentiating when to follow poor work performance or misconduct procedures. Click play to listen to our podcast Contact your SEESA Legal Advisor to assist you with any labour related queries you might have. Alternatively, leave your contact details on our website. #TeamSEESA

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Disclosure Of Information Before And During Disciplinary Hearings

Many employers had to face the question of whether or not to make certain information available to an employee before a hearing is done or even during a hearing that is being conducted. Information can be confidential, privileged, and sensitive. It is a reasonable concern for the employer to want to know if the employee has the right to request information and whether it would cause problems, should the information be withheld. What information must be given to an employee in regards to a...

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Did You Know? – Your business can face a fine if you hire illegal immigrants.

Section 42 of the Immigration Act, 13 of 2002, criminalises the employment of an illegal immigrant. Subsection 42(2) of the Act rejects the claim of ignorance as a valid defence in criminal proceedings, while Section 46 of Act 13 of 2002 as amended by the Immigration Amendment Act, 13 of 2011, makes said criminal act punishable by a fine or imprisonment of 1 year on a first conviction, a fine or imprisonment of 2 years on second conviction and imprisonment of 3 years with no option of a fine...

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FAQ – How long will it take to issue a B-BBEE certificate?

Phase 1: • Once your Legal Advisor has received all the required documents from a client, the Legal Advisor will peruse the documents and refer them to a Senior Legal Advisor if deemed complete; • The client will be provided with a preliminary score. Phase 2: • The verification pack is sent to a SANAS accredited verification agency to perform the verification. Phase 3: • The verification process takes on average 4-6 weeks to complete from the date of referral; • The client will receive an...

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