DYK – Registration Of An Information Officer Is The Start Of The Process.
Section 55 of the Protection of Personal Information Act 4 of 2013 (POPIA) sets out the duties and responsibilities of the Information Officer. Registration of the Information Officer and Deputy Information Officers is only the start of the process. Many businesses believe that once the aforesaid is done, they are compliant, which is not the case. Although there are no criteria that the Information Officers need to meet, as the Information Officer must work with the Regulator. The writer...
Bursaries And The Amended Skills Development Scorecard
On 31 May 2019, the Skills Development element of the Amended Codes of Good Practice scorecard was amended to make specific provisions for a bursary indicator. In terms of the amendment, large entities (with turnovers higher than R50 million per annum) must contribute 2.5% of their annual payroll towards bursaries for black people to gain maximum points for this specific indicator. Bursaries are nothing new to Skills Development in terms of B-BBEE. Before 31 May 2019, entities could also claim...
When Can A Service Provider Charge A Customer For The Supply Of Any Goods Repaired?
Section 15 of the Consumer Protection Act deals with pre-authorisation for repair and maintenance services. It states that a service provider may not charge a customer for goods or services provided unless the service provider has given a consumer an estimate. An estimate includes the breakdown and the total amount that will be charged , the nature and/or extent of the repairs, the period that the quote is valid for, and the time frame the customer has to collect the goods and the consequences...
Episode 146: What are the targets for Enterprise, Supplier and Socio-Economic Development in terms of the ICT Sector Codes?
SEESA BEE Legal Advisors, Leze Jonker and Danie Wessels discuss which entities fall under the ICT Sector and what the requirements are for Enterprise, Supplier and Socio-Economic Development elements on both the QSE and Generic Scorecard. They also discuss how SEESA can assist clients in obtaining the required points for Enterprise and Supplier Development by making use of Incuvest in obtaining the required points under these elements. Click on the play button below to listen to our...
DYK – Designated Employers Are Required To Submit An Employment Equity Report To Claim Points For B-BBEE.
The Employment Equity Act (hereinafter referred to as the EEA) stipulates that the annual submission of an Employment Equity report is compulsory for any company with over 50 employees or where the company has less than 50 employees, but the annual turnover equals or exceeds the industry thresholds as published in Government Gazette No. 37238 (16 January 2014). The Management and Control element forms part of all BEE sector codes. This element allows companies to claim points without...
Unauthorised Use Of Employer’s Property
The unauthorised use or possession of property belonging to the employer or the client of the employer is regarded as serious and sufficient to deem a dismissal fair. It is important that there be a clear rule that has been applied consistently and that the employee is aware of. The employer needs to prove the following: That there is a clear rule that is consistently applied ;The rule is reasonable; The employee is aware of the rule; That the employee had the goods in question; and The...
Most Read Article of 2022
Rights Of Pregnant Employees In The Workplace Have you ever wondered what your responsibility is as an employer when it comes to pregnant employees? We all know that section 26(1) of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred to as “BCEA”)[1], states that “no employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child”. The BCEA does not provide detail as...
DYK – The Demotion Of An Employee As An Alternative To Dismissal Must Be Done Procedurally Correct?
Employers sometimes elect to demote employees when dismissal, as a disciplinary sanction, would have been justified and after a Disciplinary Hearing was conducted. The demotion above cannot occur before the employer follows a fair procedure, and the employer is not allowed to enforce a demotion upon an employee in a partisan manner. Before the demotion is enforced, the employer must consult with the particular employee and afford them the opportunity to make representations regarding the...
Most Read FAQ Of 2022.
Can Business Owners Expect A Visit From The Department Of Labour This Year? The Department of Labour often embarks on labour inspections during the course of each new year. The inspector’s functions include advising employees on their rights and obligations in terms of employment legislation and employment contracts, ensuring business owners comply with the rights and obligations imposed on them in terms of The Basic Conditions of Employment Act and investigating any employee...
What Is The Difference Between A “Probation Period” And An “Acting Position Period”
A "Probation Period" is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be extended should the employer wish to do so, alternatively waived, provided that the employer follows the poor work performance process. An "Acting Position...