The Protection of Personal Information (POPI) Act will require organisations to be accountable in their personal information processing. Organisations will have to ensure that they comply with the conditions of lawful processing of personal information and all measures that gives effect to such at the time of determination of the purpose and means of the processing and during the processing itself. To demonstrate accountability, organisations have to interpret the legal requirements and...

It is that time of the year again when you have to submit your Employment Equity report with the Department of Labour if you qualify as a Designated Employer.  Section 21 of the Employment Equity Amendment Bill Act 47 of 2013 states that all designated employers must submit their employment equity reports annually on the 1st working day of October (for manual submissions) or the prescribed date (for electronic submission) which usually closes in January (15 January 2020). All...

After an employee claims that they have been unfairly dismissed, the usual route to follow is to refer an unfair dismissal to the CCMA. The commissioner will then make a ruling and if any party does not agree with the ruling that party can take the matter on review to the Labour Court. However, if the case is not reviewable that is the end of the road, right? In a recent case of Archer v Public School - Pinelands and Others (C362/17) ZALCCT 10 the employee referred an unfair dismissal case to...

Since the inauguration of the Broad-Based Black Economic Empowerment (B-BBEE) Commission, we’ve become aware of a few businesses who have been subjected to investigations done by the Commission. Being investigated by the Commission can be quite unnerving, exacerbated by a lot of procedural steps that need to be taken, not only by the Commission but also by the entity being investigated. The complaint process is set out in Part 4, Section 15(1)-(17) of the BEE regulations as published on the...

And we are off!  The New Year has started and you need to start attending to our B-BBEE to ensure you obtain the level required for your entity.  One of the most important concepts in B-BBEE, which you have to remember, is that all financial contributions towards the following elements need to be made before your financial yearend: Socio-Economic Development;Enterprise Development;Supplier Development;Skills Development; Seeing as most companies have a February Financial year-end it...

The Skills Development Act, 1998 as well as the 2012 SETA Grant Regulations, distinguishes between two types of grants, namely Mandatory grants and Discretionary grants To apply for any Mandatory grants a company has to be registered with SARS and possess an allocated Skills Development Levy number (LXX07XXXXX). This is the sole responsibility of any company who has a total employment payroll which calculates to MORE THAN R 500 000.00 per year; as per Skills Development Regulation No. 35940);...

Employers often employ foreigners and when their work permit or asylum seeker permit (hereinafter referred to as documentation) expire, employers might be liable for a fine or imprisonment. The question arises how do employers legally terminate the contract of employment when an employee’s documentation expires? A foreigner is a person who is neither a citizen nor a permanent resident of South Africa and is regarded as a foreign national. According to Section 38 of the Immigration Act 13 of...