The importance of having a social media policy in the workplace
With the explosion of social media, challenging obligations and responsibilities can be created. Employees can express themselves about literally anything, and some of these views could damage a company. So, how to do deal with an employee who does something wrong on a social networking site? The common law rules of defamation apply equally to all social network sites and electronic communication media. There are no special rules for social media or e-mail usage. This policy provides guidance...
Proposed Amendments to the Codes of Good Practice
The Department of Trade and Industry have published the following 2 draft statements on 29 March 2018: Amend the following Draft Statement 000, Code Series 000 of 2018 (Gazette No.41546) Amend the following Draft Statement 300, Code Series 300 of 2018 (Gazette No. 41546) Both these draft statements are open for 60 days from the date of publication for public commentary. Generic Entities are encouraged to work through these proposed amendments and provide the DTI with their commentary. You are...
Is offering a plea bargain regarded as inconsistent?
Would it be an inconsistency if the co-perpetrator is given a lesser sentence should the employee testify? Section 3 (6) of Schedule 8 of the Labour Relations Act (LRA) provides that the employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as between 2 or more employees who participate in the misconduct under consideration. A distinction can be drawn between historical inconsistency...
Personal Information in your Health and Safety File – what does the law say?
Requirements for the processing of Personal information in Terms of the POPI Act. The Protection of Personal Information Act, Act No.4 of 2013 (POPI) provides for a legal framework in terms of which information of a personal nature, held of any data subject, which includes a natural living or juristic person should be dealt with in a confidential way. The definition of personal information in the POPI Act includes amongst others any information of a date subjects race and ethnic origin, the...
Employer’s Guide to WhatsApp groups in the workplace
WhatsApp became a household brand when the instant messaging platform reached 1.5 billion users worldwide in January 2018. It is no surprise that for some time now employers have seen the benefit of using this app as a preferred communication platform with and among employees. While instant messaging with individuals or larger audiences in ‘group chats’ has many advantages, it does come with a word of warning. Here are some of the pitfalls that employers must heed: Employees are always on call...
Online Data Leaks – how can you protect your business?
Many business owners remain oblivious as to the purpose of the Protection of Personal Information (POPI) Act. If asked, these corporate bodies may admit to have a mere partially defined data protection plan in the workplace. Countless more business owners have yet to learn of the POPI Act’s existence. Recent events have highlighted data security as an ever growing concern and reiterated the need for upgraded information control measures in the workplace. The largest data breach to be recorded...
Employees can’t work because of bad weather? Here’s what to do
What happens if the weather is of such a nature that the employer’s operational requirements cannot continue or even commence? What should the employer do when employees are unhappy or dispute their remuneration effected by the weather? The answer for employers: A system of lay-off The contract of employment should make provision for a system of lay-off clause for circumstances which is out of the employer’s control, usually not limited to inclement weather. The system of lay-off clause must...
Skills Development and BEE – a perfect combo
With Skills Development as a priority element on the Broad-Based Black Economic Empowerment (B-BBEE) Scorecard, you now have the opportunity to earn 30 vital points. This means you must emphasise the Skills Development element and at least meet the 40% sub-minimum required as a Priority Element. Should you fail in doing so, you’ll be discounted 1 level which may lead to non-compliance. SETAs and BEE All entities with a payroll exceeding R500 000 per annum are required to register with...
Will the Amended Construction Sector Codes affect your business? Ask these 3 questions to know.
The publication of the Amended Construction Sector Charter in December 2017 changed the status quo for the construction industry. How do you know whether you will be subject to the provisions of the Amended Construction Sector Code? Ask yourself these 3 questions: Do you operate in the Construction Sector? The Construction Sector includes all enterprises that derive more than 50% of their annual revenue from construction-related activities. Do you perform any construction-related activities...
The Employer’s Test: Employee or Independent Contractor?
The Employer’s Test: Employee or Independent Contractor? It is important to distinguish between employees and independent contractors because their status determines their remuneration and how they pay taxes. An independent contractor is an independent business person who runs his or her own business but who does work for another business. An employee is hired by a company to perform specific work at the discretion of the employer. How to distiguish between an employee and an independent...