DYK – The Scope Of Application Of The POPI Act Includes Employee Information?
In Section 1 of the POPI Act, "personal information" is defined as information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person. There is a common misconception that this definition only applies to the information of an entity's customers or suppliers. As an employer in possession of employees’ personal information such as contact details, financial information and employment contracts, it is the employer’s duty to ensure that...
Episode 133: What Constitutes Retirement Age, And When Does A Contract Of Employment Terminate Due To Retirement Age?
SEESA Legal Advisors, Kopano Moloto and Natan Dzombeni discuss how an employer should handle the termination of an employee due to retirement age. They also focus on how retirement age is determined and alternative manners of termination if there is no agreement or contract stipulating the prescribed retirement age. Click on the "play" button below to listen to our podcast! Want to know more about Retirement Age and contracts? Contact your nearest SEESA office or Legal Advisor. Alternatively,...
Using Personal Information For The Conduct Of Proceedings In Any Court Versus POPIA.
Section 11(1)(c) of the Protection of Personal Information Act 4 of 2013 (“POPIA”) states that information can be processed if there is an obligation imposed by law on the responsible party. Sections 12(2)(d)(iii); 15(3)(c)(iii), and 18(4)(c)(iii) of POPIA; state that information of a data subject can be collected from another source; can be further processed; and that the data subject does not have to be made aware of such processing where non-compliance is necessary; “if such...
What Does The Consumer Protection Act Define As Quality Service?
Under Section 55 of the Consumer Protection Act, should a supplier or service provider undertake to perform any service for a consumer, then the consumer has the right to expect: High-quality services;Performance and completion of those services within a reasonable period of time;Timely notice of any unforeseen and unavoidable delay in the rendering of services;The use and/or installation of quality goods that are free of defect and reasonably suited to the purpose for which they are intended...
Can I Issue A Complaint To The Information Regulator?
Section 74 of the Protection of Personal Information Act states that any person or juristic person may submit a written complaint to the Information Regulator alleging interference with their personal information. Interference with any person or juristic person’s personal information may refer to a breach in the confidentiality, integrity or availability of their personal information. Interference with any person or juristic person’s personal information may be caused, amongst other things, by...
DYK – There Are Different Turnover Thresholds For Different Sectors?
The Codes of Good Practice provide that entities with a turnover over R50 million are generic entities. An entity with a turnover between R10 million and R50 million is a Qualifying Small Enterprise (QSE), and an entity with a turnover less than R10 million is an Exempted Micro Enterprise (EME). The Transport Sector Codes provide that entities with a turnover over R35 million are generic entities. An entity with a turnover greater than R5 million but not more than R35 million is a Qualifying...
Episode 132: Who Is Liable For Damages Caused By Goods In Regards To Section 61 Of The CPA No 68 of 2008?
SEESA Legal Advisors Arno Maree and Mabore Molepo discuss Section 61 of the Consumer Protection Act, which deals with liability for damages caused by goods and the impact it can have on a business. They also discuss the case law regarding this section and steps a business can take to limit liability. Click on the "play" button below to listen to our podcast! Should you require further assistance or advice about Section 61 of the CPA, please contact your nearest SEESA office. Alternatively,...
Do The General Codes Scorecard Cover All The Business Sectors?
An enterprise is rated on a scorecard depending on the industry in which it operates. A measured entity that falls within a particular sector code must be measured or verified based on the sector code and no longer on the basis of the BEE Codes of Good Practice. Below are the different sector codes as of August 2022, and more may be added to the list as time progresses: AgriBEE Sector CodesThe codes aim to facilitate black economic empowerment in the agricultural sector by implementing...
Are You Obliged To Remunerate Staff During Eskom Load Shedding?
The answer is yes. With the current energy crises becoming the new reality in South Africa for the foreseeable future, employers must proceed with caution. There is a common misconception that the principle of “no work, no pay” applies during power cuts. Notwithstanding the reciprocal nature of the employment relationship where an employee provides a service to their employers, the employer, in turn, must remunerate staff for the period. To mitigate the adverse effects of Load Shedding,...
Predetermining Who Will Be Retrenched, Not Always Wrong.
Many employers face the reality of inevitably having to consider retrenchment. Employers see the changing requirement of the company and realise they might need to retrench, but for several reasons, they prolong the decision to start the consultations with affected employees. Reasons may include: Employers hoping the business would turn around, for example, an employer who has given out several large quotations and hope for them to be accepted;Employers do not want to scare employees and risk...