DYK – Leave Applicable To An Employee, If The Employee Is A Party To A Surrogate Motherhood Agreement, Might Be More Than Meets The Eye?
An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to commissioning parent leave of at least 10 (ten) consecutive weeks. However, should the surrogate motherhood agreement provide two commissioning parents, only one of the commissioning parents may apply for commissioning parental leave. The other commissioning parent may apply for at least ten consecutive days of parental leave. An employee may commission parental leave on the date a child is born...
Episode 122: When Will A Supplier Be Liable For Damages In Terms Of Section 56 Of The Consumer Protection Act?
SEESA Legal Advisors, Yolande Iversen and Charl Fourie discuss the importance of Section 56 of the Consumer Protection Act with an emphasis on the Motor Industry. They focus on whether Consumers can repair a vehicle themselves without notifying the supplier first and claim for reimbursement after the fact. 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 office for professional legal...
Are Union’s Allowed To Access Your Client’s Premises?
With the uptick seen in union negotiations in the past months, there have been disputes between employers and unions regarding the union’s access to the workplace. The Labour Relations Act sets out criteria for a union to have the right to access the employer’s premises: Firstly, the union should have over 30% of the employees in the workplace as its members;Second, the right to access the workplace should be subject to any conditions as to time and place that are reasonable and necessary to...
Do All Companies Need To Pay Skills Development Levies?
Skills Development Levy (SDL) is a levy paid by employers who are registered for this levy by SARS and are thereby registered with their allocated Seta. These funds are used to contribute to developing their employees by conducting training. This assists the employees in developing the skills they require and to advance in their career. All companies who have an annual payroll equal to or exceeding R500 000 per annum are liable to register for SDL with SARS, and they will then pay this...
The Role Of The SETA’s In South Africa
In 1998, the South African Parliament developed the Skills Development Act. The act defined a new Sector Training and Education Authority (SETA) system. The goal was to develop a series of sector skills plans within a clearly defined framework of the National Skills Development Strategy. On April 29, 2010, Higher Education and Training Minister Dr. Blade Nzimande gave a statement detailing the public release of the proposed new SETA landscape. This new landscape reduced the then current 23...
DYK – A Consumer Has The Right To Receive Good, Safe and Quality Goods.
A consumer may receive goods that are safe and of good quality. In determining what is defined as good quality, Section 55 of the Consumer Protection Act dictates that goods must be reasonably suitable for the purpose for which they are generally intended, in good working order and free of any defects. Goods also need to be usable and durable for a reasonable period having regard for how the goods are normally used, and how the goods were marketed and or packaged in relation to their purpose....
Episode 121: Amended BEE Sector Codes And Reporting To The Financial Sector Transformation Council (FSTC)
SEESA BEE & Labour Legal Advisors, Edmund Drake and Chanté du Plessis discuss the amended BEE Finance Sector Codes and when it is required to report to the Financial Sector Transformation Council (FSTC). They also discuss the scope of application, the different thresholds and the elements within the Amended Finance Sector Codes. 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....
Get With The Customer Loyalty Programme
Section 35 of the Consumer Protection Act has changed the landscape for suppliers who run customer loyalty programmes as part of their marketing strategy. Loyalty credit or rewards under these programmes are deemed a legal medium of exchange when redeemed for goods or services offered in the loyalty programme. A supplier or service provider who accepts loyalty rewards or credits as an exchange for any goods or services may restrict the availability of the goods or services during a particular...
When Is A Business Allowed To Process A Data Subject’s Special Personal Information?
Section 26 of the Protection of Personal Information Act 4 of 2013 (POPIA) states that special personal information relates to a data subject's criminal behaviour, trade union membership, health or sex life, religious or philosophical beliefs, political persuasion or biometric information. Section 26 further states that a responsible party may not process a data subject's special personal information unless one or more of the following exceptions are present as per Section 27 of POPIA: If the...
Imperfection Of A Vehicle Could Lead To The Cancellation Of A Purchase Agreement.
Most dealerships would have the same problem regarding defects on motor vehicles that could lead to the cancellation of a purchase agreement. The question would be whether these defects could be justified as imperfection, causing the defects to render the vehicle less useable and justifying the cancellation of the purchase agreement. The CPA defines “defect” in section 53(1) as follows: any material imperfection in the manufacture of the goods or components, or performance of the services,...