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...
DYK – All Employers Need To Comply With Chapter 2 Of The Employment Equity Act?
Chapter 2 of the Employment Equity Act is applied to all employees and employers except for the National Defence force, National Intelligence Agency and South African Secret Service. There are four policies in Chapter 2 of the Employment Equity Act, and all companies must comply with them. These four are the Prohibition of unfair discrimination policy, Medical Testing policy, Psychological testing and other similar assessments, and Equal value pay for equal value work (forming a part of the...
Episode 125: Fronting And The Consequences Thereof Under The BEE Legislation
SEESA BEE Legal advisors, Dominique van Deventer and JP Potgieter explain what is fronting, the common scenarios of fronting in a company and what the consequences will be for a company or individual when found guilty. Click on the play button below to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with any BEE related queries you might have. Alternatively, leave your contact details on our website for a SEESA representative to contact you. #TeamSEESA
Is It Necessary To Comply With The Employment Equity Act Even Though You Are Not A Designated Employer?
The Employment Equity law protects you from unfair discrimination if you are an employer or an employee. The law is implemented to eliminate discrimination through employment policies or practices. Chapter 2 of the Employment Equity Act is applied to all employees and employers with the exception of the National Defence force, National Intelligence Agency and South African Secret Service. These policies have been implemented to promote equal opportunities and eliminate unfair discrimination in...
Does My Business Have To Register With The Consumer Ombuds And Pay Fees?
In short, the answer is yes. The Consumer Goods and Services Ombud (CGSO) and Motor Industry Ombud of South Africa (MIOSA) were accredited in terms of Section 82(2) of the Consumer Protection Act (the CPA). They are tasked with enforcing the Codes of Conduct regarding Consumer matters in their respective fields. In terms of their Codes, accredited by the CPA, all suppliers conducting business in their respective jurisdictions must register and pay membership fees. Should you want more...
Do All Businesses Need To Comply With The POPI Act?
This is a question that numerous business owners commonly ask throughout different sectors in South Africa. More often than not, the answer would be a quick yes, but let’s look at what approach business owners can take when establishing whether they need to comply with the act. The Protection of Personal Information Act applies when your business is registered and has an address within the Republic or if your business has a foreign address, but you process information within the Republic. It...
DYK – Parents, Commissioning Parents, And Adoptive Parents Enjoy The Right To Parental Leave?
As of 1 January 2020, the Basic Conditions of Employment Act 75 of 1997 (hereinafter the Act) was amended to include the employees’ right to parental leave after the birth or adoption of a child. The Act has broken this right down into three applicable sections: Parental Leave (irrespective of gender), Adoption Leave, and Commissioning Parental Leave. Parental leave must begin after at least one month's written notice by the employee and on the day the child is born for ten consecutive days....
Episode 124: Rescission Application and Certification of a CCMA Award
SEESA Labour Legal Advisors, Dyllan Jankielsohn and Frikkie Van Tonder discuss the definition of an arbitration award and the application to rescind such an award. They also discuss the certification of an arbitration award and how such award is stayed or ceased, temporarily or permanently, by the rescission application. Click on the play button below to listen to our podcast Contact your nearest SEESA office to assist your business with labour-related queries. Alternatively, leave your...
Employees Under The Influence Of Cannabis While On Duty – Where Do We Stand?
Recent developments in our courts, particularly the case of the Minister of Justice and Constitutional Development v Prince, have made provisions for the decriminalisation of possession, use or cultivation of cannabis by adults in their private spaces. This has made for a tricky situation for employers where the use of an intoxicating substance has suddenly become a norm. In the case of Mthembu and Others v NCT Durban Wood Chips, the CCMA held employers are still entitled to discipline...