FAQ – Can an employer use the results of a polygraph test during a disciplinary hearing

by see-wpdev | Apr 9, 2021

The majority of employers are under the impression that the results of a polygraph test alone are sufficient to prove their case against the employee during a disciplinary hearing. This is unfortunately not the case. When it comes to polygraph tests, there is no legislation guiding us in that regard, and therefore we have to rely solely on case law. When the employer intends to use a Polygraph test, he/she needs to consider some...

CCMA can decide retrenchment procedure disputes in terms of a referral under Section 191 (12) of the Labour Relations Act No 66 of 1995 as amended, (The Act).

by see-wpdev | Apr 7, 2021

CASE NUMBER: MINT 72392: Applicant: Mr A Section 191 (12) provides that an employee who is dismissed by the employer’s operational requirements may elect to refer the dispute either to arbitration or to the Labour Court if – (a) the employer followed a consultation procedure that applied to that employee only, irrespective of whether that procedure complied with section 189; (b) the employer’s operational requirements lead to the dismissal of that employee only or (c) the employer employs less...

Episode 70: Can An Employee Claim Unfair Dismissal If Their Fixed Term Contract Has Been Terminated?

by see-wpdev | Apr 6, 2021

SEESA Labour Legal Advisors, Anel Pistorius and Stefan Tickner, discuss the legalities surrounding Fixed Term Contracts. They also focus on the various factors to consider by employers before implementing or terminating a Fixed Term Contract with an employee and when such a contract is most appropriate. Click play to listen to our podcast! Contact your SEESA Legal Advisor to assist your business with Fixed Term Contracts, alternatively leave your contact details on our website for a SEESA...

Skills Management During The 4th Industrial Revolution

by see-wpdev | Apr 5, 2021

Employers and employees find themselves amidst a global pandemic that has shaken our everyday operations at work but also how we go about daily interaction—be it social gatherings or formal work meetings. The COVID-19 virus has significantly sped up the rate at which the 4th Industrial Revolution is unfolding, and our present use of technology has increased significantly from merely one year ago. As we are continuously adapting and striving to find integrative and all-encompassing technology...

Did You Know? – The Return of Earnings (ROE) cannot be less than 30% of the previous year’s Return of Earnings

by see-wpdev | Apr 2, 2021

A discrepancy occurs when the actual or provisional earnings of the current financial year are lower than 30% of the actual or provisional Earnings submitted for the previous financial year's ROE. The Compensation Fund will request various documents: 1. An affidavit confirming that the earnings declared are the actual earnings paid to all employees or if a mistake was made on the ROE's to explain what type of mistake was made. 2. A letter on a company letterhead stating the UIF reference...

Popular Apps And Services Reconsidered In Light Of The POPI Act

by see-wpdev | Mar 31, 2021

With the Protection of Personal Information Act 4 of 2013 compliance deadline of the 7th of July 2021 looming around the corner, a lot of attention has been given to the potential risks and effects of this Act when analysing popular applications and services. In this article, we will be looking at online storage services such as iCloud and Google Drive as it relates explicitly to Trans-Border Information Flows in terms of the POPI Act. Google Drive and iCloud: Google Drive is...

Episode 69: Legislation With Regards To The Registration And Payment Of Skills Development Levy (SDL)

by see-wpdev | Mar 30, 2021

SEESA Skills Development Facilitators, Loanko Pieters and Trevor Whitburn explain the legislative requirements around the Skills Development Levy. They focus on which companies need to pay Skills Development Levy, where they can register for Skills Development Levy and who are exempt from paying Skills Development Levy. Click play to listen to our podcast! Contact your SEESA Skills Development Facilitator to assist your business with the process of compiling and submitting your Annual Training...

Processing Subject To Prior Authorisation Applications

by see-wpdev | Mar 29, 2021

The Regulator recent guidance note issued on 11 March 2021 requires all businesses which process certain personal information to submit their applications for prior authorisation on or before 30 June 2021. In this article, we will look at the requirements as stipulated by the Regulator in submitting the applications. Section 57 of the Protection of Personal Information Act (POPIA) states that the business must obtain prior authorisation from the Regulator if the business “plans to— process any...

FAQ – Can an employer force you to take the COVID-19 vaccine?

by see-wpdev | Mar 26, 2021

COVID-19 has had a tremendous impact on our economy. Now that a vaccine is finally becoming reality it is not surprising that many employers are looking towards the vaccine as a possible way of bringing normality to their businesses. The question that everyone is asking is; can employers insist that their employees are vaccinated against COVID-19? The short answer is; No, except in exceptional circumstance. There...

Return Of Earnings Submissions 2021

by see-wpdev | Mar 24, 2021

Please note that the Return of Earnings submissions will open on 1 April and non-adherence to these submissions can lead to penalties. The SEESA UIF & COID department can assist your business with your annual COID & ROE submissions. For more information, contact us today! https://bit.ly/3lHw9fj

LATEST

FAQ – Can an employer use the results of a polygraph test during a disciplinary hearing

CCMA can decide retrenchment procedure disputes in terms of a referral under Section 191 (12) of the Labour Relations Act No 66 of 1995 as amended, (The Act).

Episode 70: Can An Employee Claim Unfair Dismissal If Their Fixed Term Contract Has Been Terminated?

Skills Management During The 4th Industrial Revolution

Did You Know? – The Return of Earnings (ROE) cannot be less than 30% of the previous year’s Return of Earnings

Popular Apps And Services Reconsidered In Light Of The POPI Act

Episode 69: Legislation With Regards To The Registration And Payment Of Skills Development Levy (SDL)

Processing Subject To Prior Authorisation Applications

FAQ – Can an employer force you to take the COVID-19 vaccine?

Return Of Earnings Submissions 2021

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