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...
Must I Recognise A Trade Union In The Workplace, And What Are The Consequences If I Don’t?
Most employers find themselves with employees that have joined a trade union. An employee is entitled to join any trade union of their choice. Most employers are then unsure what impact this has on their business and whether they must recognise the trade union in the workplace and if they should have meetings or consultations with the trade union. The Labour Relations Act (LRA) stipulates that if a trade union has recruited members in your workplace, it must be sufficiently represented therein...
BCEA Earning Threshold And How It Could Affect You
It is most likely that you have heard of the earning threshold, but what is it and how does this affect the basic conditions of employment of a person whose earnings are above the set amount? Section 6(3) of the Basic Conditions of Employment Act, 75 of 1997 (BCEA) provides for the Minister of Employment and Labour to make a determination that excludes the application of chapter 2 of the BCEA or any provisions of it to any category of the employee earning more than an amount stated in that...
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...
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...
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...
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