Racist language in the workplace – a case study
The Constitutional Court of South Africa recently held that referring to a colleague as a “swart man” was racist and derogatory in the circumstances and justified the dismissal of the employee who uttered the words. Case: In Rustenburg Platinum Mine v SAEWU obo Meyer Bester and Others [2018] ZACC 13 Mr. Bester (a senior training officer at a mine) had been allocated a parking bay for his large 4x4 vehicle. The owner of a similar vehicle began using the bay alongside Bester’s, which made it...
The importance of Supply Chain Management for B-BBEE
All entities participating in the Broad-Based Black Economic Empowerment (B-BBEE) verification process are aware of how important preferential procurement is to the entity’s scorecard, and the level they will obtain. Keeping this in mind, entities should always ensure that they have a proper supply chain as well as supply chain management system in place. All employees working with suppliers and purchasing must always ensure that the suppliers they are procuring from have valid B-BBEE...
Repair, Replace or Refund – who’s choice is it?
The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided that the dispute relates to unsafe, damaged or defective goods or services. These remedies are repair, replace or refund. What does the CPA say?...
The Employer’s Guide to: intoxicated employees
Almost every employer has had to deal with one of the following situations: An employee reports for duty while under the under the influence of liquor of drugs. An employee consumed alcohol while on duty. An employee reports for duty while the exceeding the allowed limit of alcohol in his bloodstream. This conduct constitutes misconduct and employers need to deal with this in an appropriate manner. What’s the employer’s duty when this happens? In terms of the Operational Health & Safety...
Highlights from the BEE Commission’s Annual Conference 2018
Improving State Procurement for real empowerment - this was the theme of the Broad-Based Black Economic Empowerment (B-BBEE) Commission’s annual conference, held on 15 March 2018. In terms of Section 13G of the B-BBEE Act, all State entities and Government departments are required to submit their B-BBEE report (verification) to the B-BBEE Commission on an annual basis. All State entities and Government departments are required to implement B-BBEE. These entities does not have an option whether...
Supplier accountability for defective goods
Businesses face risk for liability for defective goods every day. A recent important incident is the Listeriosis outbreak that crippled businesses and suppliers in the processed meat industry. The consequences are reaching far beyond just the businesses who are directly involved - farmers who supply livestock to abattoirs, who in turn supply carcasses to the relevant businesses. Even businesses supplying packaging materials are affected. Section 61 of the Consumer Protection Act (CPA) states...
Are Mentoring Programmes worth it?
Doing business today requires having low-cost, yet high-quality, solutions. Starting a mentoring program in your business allows you to capitalize on your greatest resource, your employees. Mentoring programs are a cost-efficient way to get employees engaged and empowered. What are the benefits to the mentor? Being involved in mentoring provides some tangible benefits that can reward mentors professionally. Some key benefits to mentors include: Encourages the mentor to share...
The employers guide to: Changes to the Skills Element of the Amended BEE Sector Codes
The Amended Agri-BEE Sector Code of Good Practice (“Agri-BEE Code”) was gazetted on 8 December 2017 with immediate effect. The elements that differ most from the Amended Codes of Good Practice are found in the Ownership, Skills and Supplier & Enterprise Development Elements. Exempted Micro Enterprises (EMEs) with a turnover less than R10 million, and Qualifying Small Enterprises (QSEs) with a turnover of between R10 and R50 million, which are at least 51% black-owned automatically qualify...
Misconduct during a disciplinary hearing – what now?
Can an employee be dismissed for serious misconduct committed during a disciplinary hearing? A case study: The Labour Appeal Court (LAC) in the case of Ekurhuleni Metropolitan Municipality v South African Municipal Workers Union and Others recently decided the former issue but refrained from making a finding on the issue. The employee, Skhosana, in the case had been charged with misconduct and was required to attend a disciplinary hearing along with 6 other co-accused employees. Violence broke...
The employers guide to: Discovery during disciplinary hearings
It is common cause that the employer, as a general rule, does not have a duty to discover certain documents or materials such as video footage and other recordings to the employees and/or their representatives. Discovery refers to the disclosure of certain evidential material that any of the parties to a dispute intends to use in support of their case at an enquiry. Principles of Evidence Schwikkard & van der Merwe 2nd edit. (2002) stated that discovery is a procedure used in civil...