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...
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...