DYK – Employers May Legally Comment On Former Employees’ Conduct, Performance And Record, Provided?
No law in our legal system obliges an employer to provide character evidence for a former employee when the employment relationship ends, nor does any law preclude an employer from providing reference comments to a prospective employer who enquires. Nothing thus precludes a former employer from making negative comments provided it is true, accurate and relevant. In Van Niekerk v Minister of Labour and others (1996) 17 ILJ 525 (C), the court held that an individual has the right to a...
Episode 142: Implementing B-BBEE Initiatives In My Business – Will It Be Expensive?
SEESA BEE legal advisors, Meagan Turley and Christiaan Naudé discuss the costs associated with BEE initiatives. They focus on the Amended Codes of Good Practice Generic Scorecard elements requiring monetary contributions. They also explain how the contribution amounts are calculated and when it is applicable. Click on the play button below to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with any BEE-related queries you might have. Alternatively, leave your...
Probation – A Misguided Principle
The Code of Good Practice on Dismissal (hereinafter referred to as the Code) contained in Schedule 8 of the Labour Relations Act (hereinafter referred to as the Act) provides employment subject to a reasonable probationary period. For this reason, an employer may require an appointee to work a probation period before confirming their appointment. A probation period allows the employer to assess the employee’s competency before their appointment is confirmed. The Code does not prescribe a...
Can You Obtain BEE Ownership Through The Sale Of Assets, And What Are The Requirements?
The sale of assets is an alternative indirect option to obtaining BEE Ownership. This statement allows a company to sell their operational assets, a business, or equity instrument in another business, to black people (or to an entity that is at least 51% Black Owned) as an alternative to selling an equity stake in the company. The asset’s value is measured against the total value of the Seller and will determine the Ownership percentage score. For the first three years after the sale of...
What Is B-BBEE?
BEE, or rather B-BBEE, is an acronym for Broad-Based Black Economic Empowerment. B-BBEE is a Government policy with its main objective to redress the economic inequalities that Apartheid caused prior to 1994. The aim is to include all race groups in our economy. During Apartheid, most race groups in South Africa were excluded from participating meaningfully in our economy. This caused a lot of inequalities and poverty. The intended beneficiaries of B-BBEE are Black South African citizens....
DYK – It Is Important To Have A Written Contract Of Employment In The Workplace?
Section 29 of the Basic Conditions of Employment Act (hereafter BCEA) states that the employer must supply the employee with particulars of employment in writing. Section 29 of the BCEA states further that if the employee does not understand the written particulars of employment, the employer must ensure that the particulars are explained to the employee in a language and in a manner that the employee understands. There are benefits to having a written contract of employment in the workplace...
Episode 141: What Are Your Rights And Obligations As An Employer When Section 77 Of The Labour Relations Act Is Invoked?
SEESA Labour Law Experts Anel Pistorius and Stefan Tickner discuss the implications of a trade union or a federation of trade unions filing a notice of protest action to promote socio-economic interests. They also focus on the rights of the parties and how these rights are executed, ending their discussion with the employer's specific obligations and recourse for misconduct by participating employees. Click on the play button below to listen to our podcast! Contact your nearest SEESA office to...
The New Code Of Good Practice In The Workplace Came To Effect In March 2022 And Describes A New Definition Of Harassment. What Does This Entail?
The New Code of Good Practice replaced the 2005 Code of Good Practice on handling sexual harassment in the workplace. The new code came into effect on the 18th of March, 2022. What are these new changes, and what should companies take into consideration? First, there is a new definition of harassment which includes the following: Unwanted conduct which impairs dignity; Conduct that creates a hostile work environment for one or more employees or has the effect of including submission by...
What Is Severance Pay, And How Do I Calculate It?
When dismissing an employee due to the operational requirements of a business, the employment relationship is ended due to no misconduct on the part of the employee. A retrenchment is thus seen as a “no-fault” dismissal. A severance package is calculated and paid to the affected employee to compensate for their loss of employment and assist the retrenched employee while seeking alternative work. Sections 35 and 41 of the Basic Conditions of Employment Act (BCEA) should be consulted when...
When May An Employee’s Off-Duty Conduct Lead To Disciplinary Action?
While employees are generally free to do what they want after working hours, an employee may face disciplinary action if his conduct has a negative impact on the employer’s business. An employer will have the right to discipline an employee for off-duty conduct when he can prove a link between the employee’s actions after hours on the one hand and the workplace or the employer itself on the other. Therefore, the employer must prove that he has a legitimate interest in the employee’s actions...