How To File A Complaint Of An Alleged Data Breach In Terms Of The POPI Act
The Protection of Personal Information Act, No.4 of 2013 (POPIA), hereinafter referred to as “the Act”, provides in terms of Section 40 for establishing an Information Regulator to exercise certain powers and perform certain duties and functions. One of these duties includes receiving and investigating complaints about alleged privacy violations of data subjects. First, it is important to understand the definition of the “Parties to a dispute", which comprises the data subject and the...
Episode 127: How To Facilitate Your Employment Equity Meetings To Ensure Compliance?
SEESA Skills Development Facilitators Jacques Pienaar and Jean-Pierre de la Guerre explain how to facilitate your Employment Equity Meetings to ensure compliance. They focus on specific aspects that need to be addressed throughout the year. Click 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 any of our SEESA offices, alternatively, leave your contact details on our website at...
Request For The Recusal Of A Presiding Officer Based On Race In Labour Disputes?
Can an employee in a labour dispute request the chairperson to recuse themselves because the chairperson is of the same race as the employer’s legal representative? The employee, who described himself as a “Black male”, demanded the recusal of the CCMA-appointed Commissioner, an Indian male, on the basis that the Commissioner and the employer’s attorney and counsel were also Indian. Therefore, the arbitration proceedings were “racially imbalanced” against him. The Commissioner found that this...
Is B-BBEE Expensive To Implement In My Business?
Implementing B-BBEE initiatives will be expensive if a company cannot do the relevant planning and expenditure in advance and throughout its financial year. The B-BBEE Codes can be complex, so a company must be proactive and not leave the planning and expenditure until the last minute. It is very important to get a B-BBEE cost analysis done before embarking on the journey of becoming B-BBEE compliant. Doing a cost analysis will assist in knowing how much expenditure and what changes in the...
Skills Development For The Financial Sector Explained
This article gives a general overview of the skills development element for the Amended Financial Sector Codes. The Amended Financial Sector Codes guides the skills development element, read together with the Amended Codes of Good Practice. The Codes of Good Practice apply only to the extent that the Amended Financial Sector Code is silent. Before an entity can claim any points on skills development, it is important to note that they must comply with the following pre-requisites: The...
DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?
The Protection of Personal Information Act (POPI Act) defines Special Personal Information in Section 26 as follows: “Special personal information” relates to religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information. Also included in this category is information about the alleged commission of any offence or any proceedings regarding any offence allegedly committed and the outcome of such proceedings....
Episode 126: The Procedure To Follow When Submitting A Complaint And Handling Thereof By The Information Regulator
SEESA Consumer Protection and POPI Legal Advisors Frank Maritz and Jaco Lombard discuss the content of the guidance note published during October 2021. They focus on elements such as how to file a complaint with the Information Regulator, will all complaints be investigated by the Information Regulator and appeal against the finding. Click on the play button below to listen to our podcast! Should you require further assistance or consumer-related advice, please contact your nearest SEESA...
Your Rights As A Consumer When Receiving A Service
In the past, people were not always protected against suppliers of goods or services. Suppliers could have misled consumers about the quality of their goods or services and offered them goods or services on unreasonable terms and conditions, leaving the consumer with little or no remedy if a problem occurred. Section 54 of the Consumer Protection Act 68 of 2008 regulates the specific rights of a consumer when a supplier gives an undertaking to perform any services for or on behalf of a...
Is It Compulsory For A Business To Comply With A Bargaining Council’s Main Agreement?
To answer this question, first, it will depend on whether the Bargaining Council's Main Agreement, for your specific industry, has been extended to non-parties of the agreement by the Minister of Employment and Labour. Second, whether your business forms part of or has joined an employer’s organisation which is a party to the main agreement. In the two instances mentioned above, it will be compulsory to comply with a Bargaining Council's Main Agreement for your specific industry. If you are...
Dealing With Shop Stewards When Committing Misconduct
When a trade union has majority representation in a workplace, which is 50% + 1 member, one of the organisational rights the trade union qualifies for is Section 14 of the Labour Relations Act 66 of 1995 (referred to as LRA). This entitles them to elect a shop steward (also referred to as a trade union representative) on the condition that at least ten union members are employed with the employer. A shop steward is an employee elected among his fellow union members and can perform various...