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...
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...
DYK – Once A Voluntarily Resignation Is Communicated To The Employer, That Resignation Can’t Be Withdrawn.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...
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....