DYK – The Department of Home Affairs Has Extended The Grace Period For Zimbabwean Exemption Permit (ZEP) Holder To Apply For Their Visas?
On 2 September 2022, the Minister of Home Affairs, DR PA Motsoaledi, MP, held, during a press statement that he will be extending the grace period from 31 December 2022 by a further six months to 30 June 2023 for ZEP holders to apply for their visas. Therefore, an employee holding a ZEP may stay and work in South Africa (SA) until June 2023. They may not be arrested, deported or detained for not having a valid exemption certificate/permit. They may also be allowed to enter or...
Episode 138: Gross Dishonesty – Dishonesty Related Misconduct and What Evidence Should Be Presented At A Hearing
SEESA Labour Law experts Stephan le Roux and Jani Jordaan discuss the various forms that dishonest conduct can take in the workplace and how to deal with those forms. They also provide guidelines on how to prepare evidence to ensure the best outcome. Click on the play button below to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour related queries you might have. Alternatively, please leave your contact details on our website at www.seesa.co.za...
Can Expired Warnings And Previous Misconduct Be Taken Into Account When Determining A Sanction?
In Schedule 8 of the Labour Relations Act, progressive discipline is a means for employees to know and understand the required standards. Progressive discipline plays an important role in the workplace and assists employees in correcting their behaviour and remedying their conduct. This means that employers should gradually attempt to correct the behaviour of their employees by issuing warnings before taking drastic measures such as dismissal. In the matter of Bridgestone SA (Pty) Ltd v...
How Do I Know If My Suppliers Have Valid BEE Certificates Or Affidavits Which I Can Use To Claim Procurement Points?
This question arises in many people’s minds because if your supplier has an invalid certificate or affidavit, you will not be able to claim any points in the procurement element for any spending made at that supplier. Each certificate or affidavit has various prerequisites that must be met before it is deemed a valid BEE certificate or affidavit. Firstly, one must distinguish between a certificate and an affidavit. Once you have identified that it is a certificate, you must ensure the...
The New 5th Year Target For Skills Development Under The Amended Construction Sector
The original construction sector codes were repealed in February 2016. Construction companies and Built Environment Professionals (BEPs) were then scored under the amended General Codes of Good Practice since that date. Shortly after, a new, Amended Construction Charter was introduced. This new Amended Construction Charter was published with an effective date of 1 December 2017. Under the Skills Development Element, a great amount of relief was given to companies on their targets...
DYK – An Employer Must Retain Records Regarding Employees For A Prescribed Period Of Time?
Section 31 of the Basic Conditions of Employment Act, Act 75 of 1997 (as amended) requires the employer to keep records of payments made to employees for three years. Section 29 of the Tax Administration Act, Act 28 of 2011 (as amended), however, requires the employer to keep records regarding its employees for five years. To find out how SEESA can help your business visit our website at: www.seesa.co.za #TeamSEESA
Employer, Don’t Ignore “He Said She Said” Claims Of Discrimination.
Many employers have heard the phrase “there is insufficient evidence to find guilty” during disciplinary hearings. This is an unfortunate reality for employers, and unfortunately, this has led some employers to feel they would rather ignore a matter if, at face value, it appears to be a situation where one employee is stating one version of events and another employee the polar opposite which is the “he said she said” scenario. In previous articles, the risk of not investigating employee...
Is There A Duty To Presiding Officers In Disciplinary Hearings To Provide Reasons For Critical Issues?
Presiding officers in disciplinary hearings are often laypersons, and their decisions must be viewed in that light. In the recent matter of Department of Health, Western Cape v Twalo and Another [2022] 8 BLLR 741 (LC), the Labour Court held that it is not necessarily reviewable if a commissioner or presiding officer cannot give reasons and especially if the decision follows findings already made in the award or ruling or are self-explanatory. Decisions lacking reasons so that the rationale...
The Burden Of Proof On An Employer To Justify Dismissal Relying On Derivative Misconduct.
Derivative misconduct is a term used when an employee knows of misconduct, for example, theft, and does not inform the employer. Such an employee may be dismissed for such misconduct. Derivative misconduct, therefore, arises when an employee possesses information that would enable an employer to identify wrongdoers in the workplace, but they fail to come forward. The burden of proof on an employer to justify dismissal relying on such conduct is, however, nothing but easy. The Constitutional...
DYK – Companies Can Now Register Their Information Officers Online.
The long-awaited online registration portal is now accessible and active for Information Officer registrations. One can also register the respective deputies as per Section 55 and 56 of the POPIA on the Information Regulator’s website. Companies will now be able to deal with registrations more efficiently, which is more user-friendly than submitting the registration forms manually. The registration of Information Officers and their deputies is of great importance in the compliance...