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...
DYK – Your Business Must Adhere To Certain Provisions Of POPI Transferring Personal Information Outside Of The Republic Of South Africa
Chapter 9, Section 72 of the Protection of Personal Information Act No 4 of 2013 deals with transfers of personal information outside South Africa or transborder information flows. A responsible party may not transfer personal information about a data subject to a third party in a foreign country unless certain provisions are in place. For example, if: The foreign country has a law that provides adequate protection;There is an agreement between the sender and the receiver that provides...
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...
Episode 140: Scarce And Critical Skills – From Identifying, Analysing and Reporting Thereof.
Click on the In today's fast-moving and evolving business world, employee skills and abilities must continuously be checked, refreshed, updated and recorded. SEESA Skills Development Facilitators Mendeleev Sehlapelo and Loanko Pieters discuss identifying these skills and what is needed from your company's side. 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...
Does The Consumer Protection Act Afford Protection To Second Hand Purchases
The main purpose of the Consumer Protection Act No. 68 of 2008 is to protect the rights of consumers in South Africa. Although many consumers are aware of the very existence of the CPA, not many are aware of their actual rights relating to the return of defective or unsafe goods. The Consumer Protection Act protects consumers. For this reason, it deserves to be mentioned that a consumer is a person to whom goods are sold in the ordinary course of the supplier’s business. If a person is a...
Can The Consumer Refer Their Complaint Directly To The National Consumer Commission (NCC) For Adjudication?
The NCC is responsible for administering and enforcing the Consumer Protection Act (Act 68 of 2008). Section 70 of the CPA provides for consumers to resolve any dispute regarding a transaction or agreement with a supplier by referring a matter to an Alternative Dispute Resolution agent (ADR). This may be an ombud with jurisdiction, a provincial consumer protection authority, an industry ombud accredited in terms of Section 82(6) of the CPA), or a person or entity providing conciliation,...
The Grey Area Regarding Defective Components And Second-Hand Vehicles
Second-hand vehicles are often unpredictable in so far as reliability, and general wear and tear are concerned. Below we will discuss the consumer’s right, as per section 56 (2) of the Consumer Protection Act (CPA), to request a supplier to repair or replace a second-hand vehicle or to request a refund at a price paid by the consumer for the vehicle, within a 6-month period as of purchase of the vehicle. This concept may seem simple enough at first; however, complications arise once a vehicle...
DYK – The Targets For Skills Development Expenditure Under The Construction Sector For Generic Companies Will Increase?
The generic scorecard regarding the Amended Construction Sector Code was gazetted on 1st December 2017. After conception, the first indicator’s target for skills development expenditure on the first indicator was 2% of the Leviable Amount. After year three, the target was increased to 2,5%, after year five, the target will be 3%. The 3% target for Skills Development expenditure under the Construction Sector for generic companies will come into effect immediately from 1 December 2022. This...
Episode 139: The Interpretation Of The POPIA With Reference To A Recent CCMA Case.
SEESA CP & POPI Legal Advisors, Juanne Bester and Melinda van der Merwe discuss the important aspect of the Sheburi v Railway Safety matter that was raised in the CCMA in March 2022. The applicant raised certain aspects of Personal Information, and a request was made to exclude some evidence due to it being personal information protected by the POPI Act. Click on the play button below to listen to our podcast! Should you require additional information regarding the POPI Act please contact...
How Start-Up Enterprises Benefit From B-BBEE
If you are a newly formed business and have just started out, you might wonder how B-BBEE compliance work, the requirements for B-BBEE and if you have to spend money to comply. A start-up company will be measured as an Exempted Micro Enterprise (EME) for the first year of trading or Incorporation for B-BBEE purposes. Start-up Enterprises are deemed to have the same qualifying B-BBEE status as an EME. They will be deemed to have a B-BBEE status of a level 4 contributor with a recognition level...