What does the POPI Act Draft Regulations mean for you?
After the Protection of Personal Information (POPI) Act Draft Regulations were gazetted in September 2017, they are expected to be published in April 2018 after comments and suggestions were considered. The Draft Regulations are basically more detailed rules and procedures on the practical application of the POPI Act. An assessment of the Draft Regulations demonstrate that they are practical and relatively uncomplicated. What is the role of the POPI Act Draft Regulations? The Draft Regulations...
The employers guide to: ill health incapacity
First – what is ill health incapacity? Incapacity due to ill health refers to a situation where an employee is unable to carry out or perform their contracted obligations due to an illness or injury. Incapacity on the grounds of ill health maybe temporary or permanent. What must employers do? When faced with an ill health incapacity enquiry, the employer must investigate the following: The nature and extent of the incapacity. The nature of the employee’s job. The period of the absence. The...
The amended B-BBEE Construction Codes have been gazetted with immediate effect
Companies must ensure that they adhere to all the requirements when making contributions toward Socio-Economic Development (SED) to obtain the maximum points available. You need to determine what type of entity your business will be classified as. The thresholds for Qualifying Small Enterprises (QSEs) are: For Contractors - a total annual revenue of between R10 million and R50 million per annum. For Built Environment Professional (BEPs) – with a total annual revenue between R6 million and R25...
Can an employee withdraw their resignation?
Resignation is topic that often repeats itself. Employers often want to know – can an employee withdraw their resignation? Disciplinary action and resignation goes hand in hand Employees often overreact when they are served with a notice to attend a disciplinary hearing and impulsively opt to rather resign than to endure the scrutiny of a disciplinary hearing. The question remains - can the employee retract his resignation after he cooled off and composed himself? The scenario This aspect was...
Everything you need to know about reversing a transaction
Did you know there are 3 statutory cooling-off periods to protect consumers? There are 3 statutory cooling-off periods to protect consumers. The right to a cooling-off period enables consumers to reverse a transaction without any penalty. These 3 cooling-off-periods are prescribed by the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communication and Transaction Act 25 of 2002 (ECTA) and the Alienation of Land Act 68 of 1981. Each of these prescribed cooling-off periods describes...
Using a General Incapacity Procedure – a practical illustration
General incapacity has become a big discussion point in all relevant forums as the term ‘general incapacity’ is not specified in Schedule 8 of the Labour Relations Act (LRA). The concept of general incapacity entails that there are some external factors that preclude an employee from performing his duties, the result of which might make the continued employment of the employee untenable. Incapacity should not be limited to ill health, injury or poor work performance. A general incapacity...
Amended Construction Exempted Micro Enterprise (EME)
In terms of the Broad-based Black Economic Empowerment (B-BBEE) Amended Construction Sector Code, specific thresholds determine whether an entity is classified as an Exempted Micro Enterprise (EME) for Built Environment Professionals (BEPs) and Contractors. These thresholds are: Type Turnover Black Ownership Level BEP Below R6 Million Below 30% 5 BEP Below R6 Million 30% - 50% 4 BEP Below R6 Million 51% or more 2 BEP Below R6 Million 100% 1 Contractor Below R10 Million Below 30% 5 Contractor...
Maternity leave and failed pregnancies – what does the law say?
Although this is a sensitive topic, it is one that occurs regularly and is often handled wrong because of the ignorance of the law. The relevant law here is the Basic Conditions of Employment Act (BCEA). This Act, read together with the Constitution of South Africa, protects the rights of pregnant woman in the workplace. Section 25 of the BCEA stipulates that an employee is entitled to 4 consecutive months’ maternity leave. An employee may go on maternity leave at any time within 4 weeks...
Think like a lawyer: ask yourself these 5 questions when handling misconduct
Whenever you need to take disciplinary action against an employee for alleged misconduct there are 5 important factors you (the employer) should take into consideration. Before any action is instituted against an employee, ask yourself these 5 questions: Is there a rule? The obligation is on the employer to prove that he/she did implement a rule. For example, if there is a zero tolerance policy for certain misconduct, this rule should have been implemented before action is taken against...
How to handle broken goods according to the CPA
It often happens that, after purchasing an item, we discover that it is broken. Our first reaction is to return it to the shop we bought it from and get our money back, right? Not always. Section 56 of the Consumer Protection Act (CPA) provides an automatic warranty whereby all goods may be returned to the supplier without penalty and at the supplier’s risk and expense within 6 months of the purchase or delivery date, if those goods fail to meet the requirements of Section 55 of the CPA: They...