DYK – It Is Unlawful For Political Parties To Become Involved In Workplace Matters?
Section 200 of the Labour Relations Act states that a registered trade union or registered employers’ organisation may act as representatives to employees in workplace disputes. In Calgan Lounge v EFF & Others (J2648/18), handed down in the Labour Court, the EFF’s role in workplace issues was considered. A political party cannot derive powers to interfere in the workplace from the Constitution, as the rights in the Constitution are given effect to in the LRA, specifically designated to...
Episode 129: How is the Consumer Goods and Services Ombudsman (CSGO) relevant to my business
In terms of Section 82 of the Consumer Protection Act, Ombudsman, such as the Consumer Goods and Services Ombudsman (CGSO), have jurisdiction over consumer complaints. SEESA Legal Advisor Martin Engelbrecht and Elsje-Marie van Zyl guides you through the purpose and nature of this body, implications thereof on your business, complaints and the handling thereof. Should you require additional information regarding the Consumer Protection Act please contact your nearest SEESA office....
How Does The Case Of Nando’s Scottsville V CCMA And Others (D06/2019) Impact Dismissals For “Petty Theft”?
Dismissal for petty theft has always been a severe debatable issue in the labour field. In the case of Nando’s Scottsville v CCMA and Others (D06/2019), an employee was dismissed for eating two individual slices of carrots from the bain-marie. The employee was charged with the following: ‘Unauthorised Consumption of Company Stock – in that they alleged that the employee was dishonest by consuming company stock being vegetables whilst on duty on the 08/04/2018 at Nando’s Scotville.’ The...
Can A Company Claim More Than The 20% Mandatory Grants From The SETA’s?
The 20% mandatory grant, which is claimed back from SETA through Workplace planning and Actual Training reports, is not the only grant that can be claimed back. A discretionary grant is another grant that can be claimed back. This grant is related to pivotal training that the company wants to implement, and the SETA will advise on application periods throughout the year. The SETA board members will evaluate the Discretionary grant application on what scares and critical skills are in the...
Duties Of A Designated Employer In Regards To The Employment Equity Act
One of the essential services that a SEESA Skills Development Facilitator offers to a SEESA Skills Training client is advising and assisting the client in complying with the Equity Act. Every designated employer must, to achieve equity, implement affirmative action measures for people from designated groups in terms of the Act. A designated employer needs to identify which of the barriers listed within the Act prevents the company from achieving equity. This will either be through procedure,...
DYK – If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment.
DYK - If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment. According to the Directive of the CCMA drafted in terms of Section 138(5)(a) of the Labour Relations Act, the Commissioner must decide whether the Applicant who refers a matter for re-enrollment has satisfactorily explained his failure to attend the arbitration and has taken reasonable and timeous steps to have the matter re-enrolled. The Directive...
Episode 128: Section 21 – Can A Union Make Demands In Your Workplace?
SEESA Labour Legal Advisors, Daniel Brandsen and Conrad Conradie discuss the rights stipulated in terms of Section 21 of the Labour Relations Act dealing with Unions in the workplace. They explain what an employer should do when a Union enters the workplace or sends a list of demands and claim certain rights. 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....
An In-Depth Discussion On Dismissal And The Forms Thereof Within The Workplace
In terms of Labour Law, there is a difference between the termination of an employment contract and the concept of dismissal. An employee claiming unfair dismissal must establish the existence of dismissal, and it is the onus of the employee to prove the existence of a dismissal, which is not necessarily unfair. Any form of dismissal must be procedurally and substantively fair, and focus is placed on the following six examples in terms of the meaning of dismissal. Termination of employment by...
Does The Consumer Protection Act Cover Insurance-Related Disputes?
Section 1 of the Consumer Protection Act 68 of 2008 (the CPA) defines a "service" as follows: Service includes but is not limited to: any banking services or related or similar financial services, or the underwriting or assumption of any risk by one person on behalf of another, except to the extent that any such service;is regulated in terms of the Long-term Insurance Act, 1998 (Act 52 of 1998) or the Short-term Insurance Act, 1998 (Act 53 of 1998). Therefore, a dispute relating to...
DYK – Once A Voluntarily Resignation Is Communicated To The Employer, That Resignation Can’t Be Withdrawn.
The questions before the Labour Court in Mohlwaadibona v Moroka Municipality (J718/21) [2022] 2ALCJHB66 were threefold: What is the effect of resignation on the employment relationship?When does a resignation take effect?Can a resignation be unilaterally withdrawn? If not, what would be required to revive the employment contract? The court held that resignation takes effect the moment it is communicated to the employer and is incapable of being withdrawn unless the employer consents to it. The...