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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...
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....