Fixed term agreements – know your rights
The Consumer Protection Act (CPA) has had a great impact on fixed term agreements in South Africa. Suppliers can no longer bind consumers to fixed term agreements as they did in the past. Section 14 of the CPA regulates fixed term agreements (though it doesn’t apply to all fixed term agreements). What are the rights of the consumer and the supplier in this regard? Let’s have a careful look at the CPA. The applicability of Section 14 of the CPA Section 14 of the CPA applies to all fixed term...
Negligence vs gross negligence
What is ordinary negligence? What is gross negligence? Is negligence a disciplinary offence? When is dismissal for negligence justifiable? If you can’t answer all these questions, read on. Gross negligence is a knowing and voluntary disregard of the need to exercise reasonable care, which is likely to cause foreseeable serious injury or harm to persons, property or the employer. It is a conduct that is extreme when compared with the ordinary. Negligence is a mere failure to use reasonable...
What is the BEE Commission?
As a result of fronting among business owners in all industries, the establishment of a Broad-Based Black Economic Empowerment (B-BBEE) Commission was announced in October 2015 by the Minister of Trade and Industry. The BEE Commission has a mandate to investigate and deal with fronting, fraud, and other BEE transgressions. Along with policing, fronting and fraud, the BEE Commission assesses BEE transactions and ensures that these contribute towards the long-term goals of the National...
How to transfer your business the right way
Section 197 of the Labour Relations Act (LRA), 1995 deals with transferring a business from one employer to another employer as a going concern. What constitutes a “going concern”? This question is not answered by the LRA but can be determined, it seems, by reviewing the following factors: The intention of the transferring parties. The continuity of the operation, for example, the business entity is still in existence after the transfer. The employees have been taken over by the new employer....
Expired or lapsed warnings when applying progressive discipline
The South African Labour author John Grogan states that employees have an obligation to provide the employer with their labour, to obey reasonable instructions, to act in good faith and perform their duties. The function of discipline in the employment context is to ensure that the individual’s employees contribute effectively and efficiently to the goals of the company. Progressive discipline and dismissal In terms of the Codes of Good Practice dismissal must be seen as the last resort. A...
Should your business accept crypto currencies?
These days, all everybody is talking about is the huge growth and profits that is being experienced on the financial stock market in crypto currencies. The frontrunner of the phenomenon, Bitcoin, has surpassed the $20,000 mark in December 2017 and also lost a lot of ground in that same month. Since the start of the crypto currency age we have seen approximately 20 different types of crypto “coins” and you can be sure that there are more to come. The question then arises is what difference will...
Protecting your employees against Sexual Harassment
As an employer you have a duty to ensure a safe working environment for your employees - this includes protecting your employees against potential sexual harassment. The Employment Equity Act No 55 of 1998 (EEA) classifies harassment based on sex or gender as unfair discrimination which is strictly prohibited in the workplace. The legislature introduced the Code of Good Practice on Sexual Harassment which is aimed at assisting employers in combating sexual harassment in the workplace. The code...
All Sector Codes except for Transport aligned with the amended Codes Of Good Practice
It will be fair to say that 2018 started with much more certainty than 2017 did. At the same time last year various Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes were only in draft format and not yet aligned with the amended Codes of Good Practice. Out of a planning and budgeting point of view, it made life very difficult for all entities operating in any of the affected industries. Since April 2017, 5 additional amended Sector Codes were published in the Government Gazette. The...
Lease agreement cancellation and the CPA
The enactment of the new Consumer Protection Act No. 68 of 2008 (herein referred to as the CPA) introduces some changes to lease agreements for immovable property. Parties acquire certain rights in respect of the cancellation of a lease agreement, as well as certain rights pertaining to the maximum duration of a lease agreement. When referring to the regulations promulgated in terms of the CPA a maximum duration of 2 years are prescribed for fixed term agreements. This provision also applies...
Gay couples soon entitled to maternity leave
The Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act provides only for protection of maternity and parental rights of biological parents and female employees. Currently, fathers are only entitled to 3 days of family responsibility leave at the birth of their children. Biological mothers are entitled to at least 4 months’ maternity leave. The lack of extensive parental leave provisions in South African law came to the fore in the labour court case of MIA v...