As we celebrate Data Privacy Day, it’s the perfect opportunity to reflect on your business's POPIA compliance. Staying compliant is an ongoing process; regular reviews are essential to ensure your business remains compliant.  While this isn’t a comprehensive checklist, here are some key steps to help assess your POPIA compliance:  Appoint an Information Officer and Deputy Information Officer  Every business must appoint an Information Officer and if necessary, a Deputy Information...

Employees taking sick leave without valid proof of illness or submitting fake documents has become increasingly common. Section 23 of the Basic Conditions of Employment Act 1997 states that an employee absent for more than two days due to illness must provide a medical certificate from a registered medical practitioner. What is a Medical Certificate? A registered medical practitioner issues a medical certificate (sick note). It confirms the employee has seen a certified professional trained to...

What is the principle of bumping, and are employers required to implement it when applying the "Last In, First Out" (LIFO) principle?  This question was addressed in Fischer Tube Technik SA v Bayene and [2024] 9 BLLR 917 (LAC).  What Happened in the Case?  Two employees were retrenched because their positions became redundant. During the retrenchment consultation, the employer discussed the principle of vertical bumping and offered the employees lower-level positions. However,...

All employees have the right to freedom of association and freedom of disassociation, as outlined in Point 18 of the Bill of Rights of South Africa. This means employees can choose to join a registered trade union if they wish. Rights of Trade Unions in the Workplace The rights a union has in your workplace depend on the percentage of employees who are union members. This is calculated as follows: (Number of Union Members ÷ Total Workforce) × 100 = Percentage of Union Membership...

The Consumer Protection Act (CPA) is designed to promote fair business practices, and one of its key provisions, Section 22, requires that all consumer agreements and documents be written in plain and understandable language. This section ensures that consumers can easily comprehend the terms and conditions of contracts, enabling them to make informed decisions and exercise their rights effectively. Plain language, as defined by the Act, means that the content should be easy to understand...

Running a business often requires managing clients, suppliers, and employees. Technology can streamline these processes. Many businesses use biometric technologies, such as facial recognition or fingerprint scanners, for time management and employee monitoring. However, under the Protection of Personal Information Act (POPIA), the use of biometrics comes with strict conditions. What Are Biometrics Under POPIA? POPIA defines biometrics as technique of personal identification based on physical,...

What is a Letter of Good Standing? A Letter of Good Standing is a document issued by the Compensation Fund confirming that the employer is compliant with the requirements stipulated in the Compensation for Occupational Injuries and Diseases Amendment Act, No 10 of 2022 (COIDA). In short, it confirms that the employer is in good standing with the Compensation Fund (COID) and that there are no outstanding payments. Why a Letter of Good Standing? By being in possession of a Letter of...

As a business owner or employer in South Africa, making sure you comply with the Employment Equity (EE) Act isn’t just about following the law—it’s about building a diverse and inclusive workplace. Recently, Labour Minister Nomakhosazana Meth highlighted the need for faster employment equity policies and announced plans to hire 20,000 labour inspectors to check if businesses are meeting these requirements. This means it’s time to evaluate your company’s current EE practices. Why Is EE...

As an employer, you may wonder if you have any rights when an employee abuses sick leave. What if someone calls in sick but isn’t really ill? Two key cases, Woolworths (Pty) Ltd v CCMA and SARS v CCMA, help answer this question. Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2022) In this case, an employee told his manager he was too sick to come to work. However, it was later discovered that he had travelled with his father for an hour to attend...

When charging employees, it’s crucial for employers to clearly communicate allegations and provide adequate information for preparation. The case of Murray and Roberts Cementation (Pty) Ltd v Association of Mine Workers and Construction Union obo Dube and Others (JA96 / 2022) highlights the importance of this practice. In this case, an employee was dismissed for poor work attendance, including unauthorised absences and misuse of sick leave. However, during the hearing, the employer...