DYK – It Is A Requirement To Submit A B-BBEE Certificate When Applying For A Liquor Licence?
The Department of Trade and Industry (DTI) requires an entity to be registered with the National Liquor Authority if they wish to trade as a manufacturer or distributor of liquor. The (DTI) requires that several documentation and requirements be submitted to proceed with an application to obtain a manufacturer or distribution license. An essential requirement to obtain the license mentioned above, is to submit a B-BBEE certificate. A B-BBEE certificate will also be required upon the annual...
Episode 120: Collective Agreements Concluded With Majority Trade Unions And The Effect On Minority Unions And Non-Union Members
SEESA Labour Legal Advisors, Charl Vollgraaff and Sandrisha Govender discuss aspects of Labour Law in South Africa as it relates to collective bargaining and collective agreements. They focus on collective agreements concluded with majority trade unions and the effect on minority unions and non-union members. 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 contact details...
Findings Of The B-BBEE Commission Annual Conference
The annual conference of the B-BBEE Commission was held on the 1st of April 2022. The conference’s purpose was to reflect on the 18 years in which the B-BBEE codes have been applied and the period after which the Commission was established. The conference’s main aim was to reflect on the challenges faced, progress made and to identify plans to improve economic transformation moving forward. The impact of the priority elements on the B-BBEE codes was also an important aspect. It was reported...
Does The Size Of My Company Matter For B-BBEE Purposes?
There is a common misconception or misunderstanding that companies have regarding B-BBEE and the level that they will receive. Most companies believe that should they be 100% or 51% black-owned, they would receive an automatic level 1 or 2 based solely on their ownership and, that no other element in the B-BBEE scorecard must be complied with. However, when dealing with the subject of BEE, the starting point for any company will always be to consider which sector code it operates within and...
DYK – An employee can be dismissed for abusing sick leave
Although this seems to be an apparent situation, at first glance, the matter had to be escalated to the Labour appeal court to be confirmed. In the case of Woolworths (Pty) Ltd v CCMA and others PA 12/2020 LAC, an employee claimed to be ill and attended a Rugby match. The CCMA found the dismissal was unfair both procedurally and substantively, as he had not hidden the fact that he attended the match and he was, therefore, not dishonest. The Labour Court found the dismissal procedurally fair...
Episode 119: Unsure How To Fully Comply With The EEA12 Of The Employment Equity Act?
SEESA Skills Development Facilitators Sherice Stone and Chante Lottering review and explain what a company must adhere to in terms of Employment Equity compliance to the EEA12 requirements. They also explain Section 19 of the Employment Equity Act, with specific reference to under and over-representation and barriers identified in the company. Click on the play button below to listen to our podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business?...
National Minimum Wage Act.
Don’t get caught with egg on your face! Instead, put the golden eggs in your pocket and ensure you are compliant with the minimum wages within your workplace. No one has time for back payments and compliance orders! Follow the link below, and SEESA will give you a call: https://bit.ly/3L2msDk
Is It In Accordance With The Law To Re-Employ A Terminated Or Dismissed Employee?
There are no cut and dried rules that specifically prohibits employers from re-employing dismissed or terminated employees in our law. A process of re-employing terminated or dismissed employees was not meant to be conducted haphazardly or carelessly without a measure of caution as it can have unintended repercussions. This article aims to redress the issues emanating from the re-employment of terminated or dismissed employees. What is re-employment? Re-employment is an act of being...
May Probation Be Extended Unilaterally?
Regarding Schedule 8 of the Code of Good Practice on dismissals, an employer may only decide to extend an employee’s probationary period after inviting the employee to make representations and considering any representations made. Should an employer decide to extend the probationary period, the employer should advise the employee of their right to refer the matter to a Bargaining Council or the CCMA. An employee may refer an unfair labour practice dispute concerning an act or omission relating...
In A Growing Age Of Uncertainty, When Does An Employer Regard Someone As A Fixed Term Contract Employee Or Full-Time Employee?
The COVID-19 pandemic has brought uncertainty in most instances, like when to appoint someone as a part-time employee or full-time employee. As the economy is hankering toward the “normal”, meaning pre-COVID-19, employers may be sceptical about appointing full-time employees for fear of another hard lockdown on businesses and not being able to pay salaries to employees. Such fear may push employers to lean towards appointing people on a limited duration contract, making them part-time...