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...
DYK – ESTA Regulates The Rights Of Occupiers On Agricultural Land (Farms) If Such A Right Was Established Exclusively From An Employment Agreement?
The Extension of Land and Tenure Act 62 of 1997 (the Act) regulates the right of residence of employees who work on a farm or stay in accommodation situated on property used for agricultural purposes and whose right of residence in that accommodation arises solely from an employment agreement. Section 8(2) of the Act states that the right of residence of an occupier who is an employee and whose right of residence arises solely from an employment agreement may be terminated if the occupier...
Episode 118: Processing Of Special Personal Information On Vaccination Cards In Terms Of POPIA
SEESA CP & POPI legal advisors Hugo Roux and Rouchelle de Beer discuss the processing of health information related to COVID-19 in terms of the Protection of Personal Information Act, and whether a business may request proof of vaccination from employees, contractors and third parties. They also discuss what the business may do if a person refuses to provide proof of vaccination. Click on the play button below to listen to our podcast! Should you require additional information...
Unilateral Changing Of Conditions Of Employment And The Right To Strike
The Labour Relations Act 66 of 1995, as amended (the Act), entitles employees to embark on a protected strike action despite not having a certificate issued by the CCMA / Bargaining Council, which would ordinarily render the strike protected. The Act recognises five instances in which an employee will not have to comply with the requirements of section 64(1) of the Act. This article will focus on circumstances where an employer has unilaterally changed its employee’s conditions of employment....
Can The Information Regulator Extract Damages From The Responsible Party Even If It Is Not Negligent?
There are two potential areas of litigation for a data breach under the Protection of Personal Information Act 4 of 2013 (POPIA). The first is that the party liable for the data breach may have to argue its case before the Information Regulator. The second is that the responsible party may face civil action. Section 99(1) of POPIA states that: “A data subject or, at the request of the data subject, the Regulator, may institute a civil action for damages in a court having jurisdiction against a...
Condition 7 for the Lawful Processing of Personal Information and Security Safeguards
In 2018, the European Union (EU) General Data Protection Regulation (GDPR) came into effect. As the international standard for data protection laws, the GDPR has formed the basis for many data protection laws worldwide, including South Africa’s Protection of Personal Information Act 4 of 2013 (POPI). POPI prescribes eight conditions for lawful processing of personal information, which broadly accord with the principles found in the GDPR. It also sets out the roles of various parties involved...
DYK- Unsolicited Goods Can Be Kept Without Paying For Them
There have been many instances where suppliers leave goods at consumers’ premises and later threaten the consumer that they need to pay for the goods. You can keep the goods without paying for them if you have informed the supplier that the goods: Were left without requiring or arranging for payment;Differ from goods that have been previously supplied;Were delivered after the termination of an agreement regarding the supply of goods;Were delivered at the wrong place or time; orWere never...
Episode 117: Understanding the B-BBEE Scorecard Priority Element
SEESA BEE Legal Advisors Cherise Goeveija and Eileen du Preez discuss the sub-minimum requirements for B-BBEE priority elements. They also focus on the different sectors and how the discounting principle applies. 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. Alternatively, leave your contact details on our website for a SEESA representative to contact you. #TeamSEESA
Cancellation Due To Misrepresentation Or Deception And Available Remedies
There have been many cases where consumers have entered into contracts with suppliers and later realised that a salesperson has misrepresented the product or service. Usually, contracts will provide the steps and procedures that need to be taken when a party to the contract wishes to cancel the contract. The Consumer Protection Act (the “Act”) also makes provisions for cancelling an agreement under certain circumstances. The consumer should not have to suffer undue hardship due to...