Sick Notes Issued By A Professional Nurses A Right Or A Wrong
As we are getting close to the change of season, we also know that there is usually a spike in employees’ absence due to being ill. This is also the time employers receive more sick leave requests and medical certificates. The question now arises, what is a valid medical certificate? Employers, and more likely employers in the countryside, often stumble upon a medical certificate issued by a professional nurse. Is this, then, a valid medical certificate? Section 23 of the Basic...
DYK – An Employee Must Be Paid An Allowance For Working At Night?
The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 17: Night work In this section, “night work” means work performed after 18:00 and before 06:00 the next day;An employer may only require or permit an employee to perform night work if so agreed and if the employee is compensated by paying an allowance, which may be a shift allowance, or by a reduction of working hours. Employees must therefore be paid an allowance and/or the employee's hours must be reduced...
Access to Personal Information in the Public Domain
The Protection of Personal Information Act, 4 of 2013 (The POPI Act) protects an individual’s personal information. The POPI Act also ensures that the right to privacy in terms of the Constitution is upheld. It is important to remember that processing personal information is only applicable when a responsible party processes it. Any processing for personal or household activity is excluded from the POPI Act as stated by Section 6(1)(a). With personal information in the public domain, people...
When Will A Measured Entity Qualify For Skills Development Absorption Bonus Points?
Absorption entails the long-term permanent employment of a previously unemployed Learner, Intern or Apprentice after successfully completing the applicable accredited, registered and qualifying training programme. In terms of the Amended Codes of Good Practice, the absorption target is calculated as 5% of the company’s total workforce. It is important to note further education does not qualify as absorption in terms of the Amended Codes of Good Practice. Absorption applies to unemployed black...
Episode 148: When should my business submit its first Employment Equity reports?
SEESA Skills Development Facilitators Chuma Mzileni and Sasha-Lee McCay discuss the process to be followed by a first-time designated employer for Employment Equity and when the first reports must be submitted to the Department of Labour. Click on the play button below to listen to our podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business? Signup Today! Contact your nearest SEESA office. Alternatively, leave your contact details on our website at...
DYK – In Terms Of Any Transaction, To Whom Does The Consumer Protection Act Not Apply?
In terms of goods or services which are promoted or supplied to the state; In terms of which, a consumer is a juristic person whose asset value or annual turnover, at the time of the transaction, equals or exceeds the threshold value determined by the Minister (R2 million);If the transaction falls within an exception granted by the Minister;That makes up a credit agreement under the National Credit Act, but the goods or services that are the subject of the credit agreement are not excluded...
An Employer Guideline – What To Do When Dealing With The Termination Of An Employee’s Employment Relationship.
One of the most popular new year’s resolutions regarding an individual’s work aspirations is to start a new job and achieve greater success in the new year. This is all good and well, but such ambitious aspirations often leave employers in a severe predicament, especially when operations kick off in full swing during the beginning of the year. This article aims to assist employers who might find themselves in a similar situation, and we will touch base on what contractual conditions and...
What Is Progressive Discipline?
The Code of Good Practice, contained in Schedule 8 of the Labour Relations Act, is a legislative guideline on the best practices to follow regarding labour procedures. The Code specifically stipulates that any disciplinary action, especially when considering dismissal, should be substantively and procedurally fair. To achieve this, progressive discipline must be applied. Progressive discipline is a reasonable measure employers must impose on employees who commit misconduct. Its main objective...
Episode 147: Lay-bys and the Consumer Protection Act – Various rights and obligations of both parties to the contract.
SEESA CP & POPI Legal Advisors Charl Fourie and Sage Hardiman discuss the importance of Section 62, lay-by agreements in the Consumer Protection Act, emphasising the Retail Industry. They answer the question of whether consumers can cancel a lay-by without penalty and when goods must be delivered. Click on the play button below to listen to our podcast! Should you require further assistance or consumer-related advice, please contact your nearest SEESA office for professional legal...
Direct Marketing Is Allowed In Terms Of The Consumer Protection Act 68 Of 2008
Although the Consumer Protection Act No. 68 of 2008 (CPA) protects all consumers’ rights in South Africa, Section 11 and Section 12 of the above Act allows suppliers to approach consumers directly to market their goods or services. Direct Marketing is where a supplier markets their goods or services in person or electronically to a consumer to sell its goods or services to the consumer. All consumers are well aware of this practice as most consumers have been contacted at some time or another...