DYK – A Supplier May Be Held Liable For Damages Caused By Products Supplied To A Consumer In Terms Of The Consumer Protection Act?
In terms of Section 61 of the Consumer Protection Act, a consumer may claim damages from any Supplier in the supply chain if a product supplied is unsafe, defective, or there is an inherent risk of possible damages in the product supplied that the consumer has not been made aware of. The time that such a claim may be instituted is three years when such damages occurred or within three years from the date that the consumer is made aware of such a potential claim for damages. The damages for...
Episode 123: The Importance of Reporting After an Employment Equity Director General Review
SEESA Skills Development Facilitators, Chantel Roux and Kayla Fourie discuss the importance of accurate Employment Equity reporting after your business has passed a Director General Review. They also provide guidance on important factors that the Employment Equity inspectors analyse. Click on the play button below to listen to our podcast! Should you require additional information, please contact your SEESA Skills Development Facilitator. Alternatively, leave your contact details on our...
Why Do I Need A PAIA Manual?
The Protection of Personal Information Act 4 of 2013 (POPIA) is South Africa’s new privacy legislation that came into effect on 1 July 2021. In Section 55 (1) of POPIA, an Information Officer has certain duties and responsibilities. There are, however, additional duties and responsibilities placed on an Information Officer in terms of Regulation 4 of POPIA, one of which is to ensure that a manual is developed, monitored, maintained and made available as prescribed in sections 14...
Can You Continue To Claim Points On The Ownership Element After The Sale Or Loss Of Shares Held By Black Participants?
In short, yes. According to the B-BBEE Act, including relevant legislation, the rule of “once empowered, always empowered” determines that a company is permitted to recognise a portion of black (as defined by the applicable Act) shareholding after the sale or loss of shares held by black participants. There are, however, a few requirements which a company must first comply with: The applicable B-BBEE shareholding was held for at least 3 (three) years;Transformation regarding the B-BBEE...
Solutions for Multinational Companies on the Ownership Element
According to the Codes of Good Practice, all entities operating in South Africa need to contribute toward the objectives of Broad-Based Black Economic Empowerment, known as B-BBEE. This includes the Ownership element, which poses a problem for a Multinational Company (a foreign-owned company). First, we need to look at the definition of a Multinational Company. According to Investopedia, the definition of a Multinational Company is a company that has facilities and other assets in at least one...
DYK – The Leather Industry Collective Agreements Have Been Extended To Non-Parties?
The Minister of Employment and Labour recently declared that the National Bargaining Council of the Leather Industry of South Africa’s Agency Shop Amending Collective Agreement, Provident Fund Amending Collective Agreement and the Footwear Section Technological Fund Amending Collective Agreement would not only apply to the employees’ and employers’ organizations that are signatories to the main agreement but that it would be extended to all non-signatory parties falling within the leather...
Not feeling so social?
Take action against employees who cause you reputational harm through their social media outbursts. Employees cannot claim that they have full reigns online if their comments cause detrimental damage to your business! Follow the link below, and SEESA will call you: https://bit.ly/3L2msDk
What Constitutes Whistleblowing, And Where Does The Protected Disclosures Act Fit In?
The question of what constitutes whistleblowing arises often. Whistleblowing can be defined as an act by an employee to provide their employer with information regarding misconduct committed by one of their colleagues and/or to raise a concern about any acts of wrongdoing within the workplace. Common examples include fraud and harassment-related offences. Most employees often turn a blind eye in fear of being charged for misconduct themselves. However, employers should note that such...
What Can An Employer Do When They Receive A Condonation Application From An Employee?
CCMA applications are regulated by Sections 31 and 32 of the CCMA rules, and Section 191 of the Labour Relations Act determines the time frames for employees to refer disputes to the CCMA. An employee has 30 days to refer a dispute for unfair dismissal and 90 days for unfair labour practice. If an employee is late applying to the CCMA, they must submit a Condonation application. The commissioner, in deciding whether to grant the condonation, will have to determine whether good cause has been...
What Is Constructive Dismissal?
Whilst constructive dismissal is not defined in the Labour Relations Act – Section 186(1)(e) of the act alludes to the term and states that dismissal means that 'an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee'. From the above, it is clear that this is not a normal dismissal, as the employee initiates the act of leaving the workplace. Thus, in constructive dismissal cases, the onus of proof to...