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...
DYK – Casual Employees Are Also Entitled To Annual Leave?
Some employers think that casual employees are not entitled to annual leave. However, this is not correct. In terms of the Basic Conditions of Employment Act 1997, all employees are entitled to annual leave irrespective of their job description and whether they are permanently employed or not. A casual worker is regarded as an employee who works per roster when required by the employer. A casual employee is entitled to one day leave for every 17 days worked, alternatively calculated 1 hour for...
Episode 131: Introducing the Draft Legal Sector Codes – What You Should Know
SEESA BEE Legal Advisors Chante Hobbs and Katleho Mini discuss the Draft Legal Sector Codes. They focus on the differences between the Amended Codes of Good Practice and the Draft Legal Sector Codes. Click on the play button below to listen to our podcast! ☎️ Want to know more about the Draft Legal Sector Codes? Contact your SEESA BEE Legal Advisor or leave your contact details on our website at www.seesa.co.za for a SEESA representative will contact you. #TeamSEESA
Family Responsibility Leave – What Is Family Responsibility Leave, And When Does It Apply?
Family responsibility leave is governed by section 27 of Basic Conditions of Employment Act 1997. Employees are entitled to 3 days of family responsibility leave per year, should the employee meet certain criteria: The employee must be a full-time or permanent employee;The employee must work over four days per week;The employee is only entitled to family responsibility leave after four months of employment. However, an employer and employee may contractually agree that over three family...
What Are The Requirements For A Mentorship On The Construction Generic Scorecard?
The Mentorship programme applies to the Construction sector code. Each Measured Entity must have one person in the business responsible and accountable for mentoring, called the mentor champion. The criteria for the programme must include the objectives and desired outcome of the programme, the structure of the programme, methods of how the protégés and mentors will be selected and matched and the time frames for implementing the programme. There must be a general portfolio of evidence...
The Supplier Development Requirements For A Generic Construction Sector Entity
The Amended Construction Sector applies to all entities that fall within the Construction Sector. It is important to note that there are two sub-sectors within the Construction Sector, namely, BEP (Built Environment Professional) andConstruction Contractor, which also includes Construction Suppliers. The significant difference between both sub-sectors is that BEPs conduct the planning, designing and costing of construction projects, whereas the Construction Contractor sub- sector conducts the...
DYK – Your Online Store May Have To Comply With The Requirements Of ECTA?
When selling goods online, a Supplier must assess whether it is required to comply with the requirements of the Electronic Communications and Transaction Act 2 of 2002 ("ECTA)". Suppliers, which sell goods online to natural persons who are the end users of said goods, unless specifically excluded from doing so, must comply with the requirements set out in sections 43-49 of ECTA. The aforementioned sections regulate lawful compliance insofar as the disclosure of cooling-off periods,...