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...
New Construction Codes implemented
The amended Broad-based Black Economic Empowerment (B-BBEE) Construction Codes have been gazetted on 1 December 2017 by the Department of Trade and Industry and will be implemented with immediate effect. Let’s have a look at the amended Construction Codes, especially the new regulations regarding Exempted Micro Enterprises (EMEs) and Qualifying Small Enterprises (QSEs) with 51% or more Black Ownership. The table below indicates the B-BBEE level that will be allocated to entities with 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...
Hiring right the first time – the importance of job interviews
Managers conduct job interviews to determine whether a candidate is the right person for the job. The aim is to make an informed decision. If you employ somebody that fits well in your team it increases general morale, reduces training costs and service errors, and it inevitably leads to greater customer satisfaction. It is therefore critical to the success of the team and the business to employ the right person. Follow these guidelines with basic steps to ensure you hire right the first time....
Being investigated by the B-BBEE Commission
Since the inauguration of the Broad-Based Black Economic Empowerment (B-BBEE) Commission, we’ve become aware of a few businesses who have been subjected to investigations done by the Commission. Being investigated by the Commission can be quite unnerving, exacerbated by a lot of procedural steps that need to be taken, not only by the Commission but also by the entity being investigated. The complaint process is set out in Part 4, Section 15(1)-(17) of the BEE regulations as published on the...
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