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Internal Disciplinary Action Vs Criminal Prosecution

by | Aug 11, 2021

Have you, as an employer, ever wondered how to deal with disciplinary action when criminal charges are relevant too? Herewith are some advice and pointers to consider. Misconduct in the workplace must be dealt with in terms of labour legislation and guidelines; however, certain misconduct (e.g. fraud or theft) may also warrant criminal investigation and criminal charges being laid against the employee/s in question. Should you, as an employer, suspect any criminal activity, we recommend that...

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Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

by | Aug 10, 2021

It is no secret that businesses were given until the 1st of July 2021 to ensure they become compliant with the POPI Act. Although the highly anticipated deadline date has passed, questions and uncertainty regarding what exactly is expected in terms of the condition around consent remain at the order of the day. In this podcast, SEESA Consumer Protection and POPI Legal Advisors, Elsje-Marie van Zyl and Martin Engelbrecht shed some light on the most frequently asked questions concerning consent...

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Possible Strike Action: Metal and Engineering Industry

by | Aug 10, 2021

Last week NUMSA declared a wage dispute in the Metal and Engineering Sector (MEIBC). They have failed to produce a mutually agreeable wage increase agreement after ongoing wage negotiations between them and several employer's organisations. NUMSA's starting position was a 15% across the board increase, but this has since been reduced to around 8% for year one and then inflation plus 2% for years two and three. The employers' organisations have slightly different positions. Still, there appears...

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A Beginner’s Guide To The B-BBEE Elements

A Beginner’s Guide To The B-BBEE Elements

by | Aug 7, 2021

Broad-Based Black Economic Empowerment (B-BBEE) is a stepping-stone to assist the South African Economy by creating a framework to rights the wrongs of the past. B-BBEE seeks to promote the effective participation of black people in the economy and thereby economic growth. Keeping the above in mind it is clear that all the B-BBEE elements were well thought of and still holds relevance today: Ownership: Black people will have the right to enjoy the economic benefits that result from their...

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Did You Know? – SEESA Skills Training is the all-in-one solution for your company to train, claim and comply

by | Aug 5, 2021

Why SEESA Skills Training? One of the most vital assets to any business is its employees. As the job market evolves and business environments become more competitive, companies realise the full value of investing in their teams' training and development. SEESA Skills Training is the all-in-one solution for your company to train, claim and comply! Our training courses are practical and educational and will empower and motivate your team. What do we offer? SEESA Skills Training assists you in...

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Episode 87: POPI In The Workplace – Can A Business Be 100% POPI Compliant?

Episode 87: POPI In The Workplace – Can A Business Be 100% POPI Compliant?

by | Aug 3, 2021

In this episode, SEESA Provincial Manager, Laurisé du Toit and Multi-Product Legal Advisor, Zan-Mari Kok discuss the different practical elements that need to be in place in a business with regards to the Protection of Personal Information Act (POPIA). They furthermore discuss what it means to have a POPI data breach and the implications thereof. Click here to listen to our podcast! Need assistance with the POPI Act? Contact your nearest SEESA office for assistance, alternatively “SMS” the...

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What You Need To Know About The POPI Act After 1 July 2021

by | Aug 3, 2021

With the Protection of Personal Information Act (POPIA) now in full effect, it is imperative for all organisations dealing with personal information to be even more committed to protect personal information. What Is Personal Information? Personal information is defined by POPIA as any information that can be used to identify you as a person (whether natural or juristic). Examples include identity numbers, account numbers, telephone numbers, email addresses, physical addresses and other unique...

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False Medical Certificates, What To Do?

by | Aug 2, 2021

Over the last couple of years, we have seen an incline in the number of people resorting to false medical certificates. In this day and age, an employer cannot simply rely on the fact the all medical certificates submitted to him/her are authentic.   How does it work?  In most cases, the employee would have purchased the medical certificate from a third party who is not a Medical practitioner. The employee would stay away from work and, upon return, knowingly submits a false medical...

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FAQ – What are the roles and responsibilities of a Skills Development Training Committee?

by | Aug 1, 2021

Did you know as per the Skills Development ACT and Government Gazette 2001, if an organisation employs 50 or more employees, the company needs to establish a Skills Development Training Committee? A Skills Development Committee is a forum established & convened by the employer to consult employees on skills development matters. This committee must include trade union representatives if they exist, Finance/HR responsible for skills development, Management representing the employer and...

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Case Referred To The CCMA, Applicant Passed Away Before Arbitration – What Now?

Case Referred To The CCMA, Applicant Passed Away Before Arbitration – What Now?

by | Jul 28, 2021

An interesting matter which we’ve recently had to deal with is whether an executor/executrix of a deceased person will be able to proceed with a dispute in the Commission for Conciliation, Mediation and Arbitration (CCMA) on behalf of the deceased for the benefit of his/her estate? In the matter of Estate Late Mavuna & Another v National Sorghum Breweries Ltd (1996) 17 ILJ 785 (IC), the Court held that: ‘The stage of litigation, against which the right to transit a claim from a deceased to...

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