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...
Are employees who work 6 days a week entitled to additional leave?
Many employers are still surprised when confronted with this question. As many employers already know, employees working five days a week are entitled to 15 working days of leave per annum. But employees working six days a week are usually entitled to 18 days of leave per annum, which surprises some employers who have been sticking to the 15 days, regardless. So in that sense, yes, there is additional days’ leave, but it suddenly becomes quite apparent when you understand why this is so....
Pre-Dismissal Arbitrations
Employees who believe they have been unfairly dismissed may refer the matter to the CCMA for arbitration. Such an employee will be required to establish only that they had indeed been dismissed. The employer then has the burden to prove that the dismissal was fair, substantively and procedurally. It is trite that this process takes the form of a hearing de novo. That is to say that the matter is heard “anew” by a Commissioner sitting as arbitrator. An employer has to lead evidence as to the...
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...