Does The Disciplinary Hearing Procedure Change When An Accused Employee Plead Guilty?
In many cases, this question can be answered in the affirmative. Still, it remains the chairperson’s final decision as he must ensure a due and proper process is followed, especially if the case should be referred for arbitration at a later stage. A disciplinary hearing aims to ensure that all parties are heard. Most importantly, an accused employee has an opportunity to lead evidence in rebuttal of the charges and challenge their accusers’ assertions before a final sanction can be...
A Comprehensive Look In Traditional Healers And Their Medical Certificates.
It is important to note that not all South Africans adhere to the practice of western medicine. This aspect becomes particularly difficult if you are an employer within our Republic. The question now arises whether employers should accept certificates from traditional healers and if they should carry the same weight as a medical certificate from a doctor practising western medicine. In the Kieviets Kroon Country Estate Pty Ltd v Johanna Mmoledi and others, an employer did not accept an...
DYK – New Mothers Have Postnatal Rights?
According to the codes of good practice, a breastfeeding female employee is entitled to 2 intervals of 30 minutes each to allow her to breastfeed or express milk. This should be allowed every day for the first six months of her child’s life. A breastfeeding female employee is also not authorised to perform work that is hazardous to herself. Further to the above, an employer should allow arrangements for female employees to attend required postnatal clinics after she has given birth. Resources:...
Is Depression A Valid Defence Against Misconduct?
Depression for many generations, has been considered a taboo subject. According to the World Health Organisation, the COVID pandemic has caused a 25% increase in depression worldwide and whilst one pandemic has ended, another has begun. With the prevalence of depression being a common illness in the workplace, the question is whether depression can be raised as a valid defence against misconduct? In the case of Legal Aid vs Jansen, the labour court of appeal was challenged with the same...
What Is The Consequence Of Not Reporting To The Financial Sector Transformation Council?
All financial institutions under the Amended Financial Sector Codes must report annually to the Financial Sector Transformation Council (also known as the FSTC). The aim of reporting is for the Council to establish and report on the transformation in the specific sector. Failure to report will cause the entity to automatically be subjected to the discounting principle. This means that the entity will automatically drop one BEE level in the next rating following the year in which the entity...
FREE WEBINAR – Harassment Code
Harassment is one of the leading forms of misconduct in the workplace. Does your company have a harassment policy in place? Are you aware of the recently published harassment directives stipulating that employers have vicarious liability? Do your employees know their rights and responsibilities with regards to harassment? Are you aware of the different forms of harassment? SEESA is proud to once again bring you a FREE WEBINAR that discusses all of the above, as well as the repercussions of...
B-BBEE Transport Sector: Ensuring Compliance Under The Road Freight Sub-Sector
The B-BBEE Transport Sector includes many sub-sectors such as Road Freight, Aviation, Rail, Coach, etc. This sector is unique because the amended codes have not yet been gazetted, and entities under this sector will therefore be measured on the old Transport Sector Codes. For this reason, there are differences in the relevant thresholds and certain advantages available to the benefit of the measured entity. For an entity to determine whether it will be categorised under the Road Freight...
DYK – Your Company’s BEE Verification Can Be Done On Your Management Accounts
Many companies have experienced some frustration in the delay in waiting for their financial statements to be audited, signed and ready to be submitted for their BEE verification. Companies sometimes require that their BEE verification be done before finalising their audited financial statements for other reasons such as submitting tenders or keeping of contracts. There is a solution, and it is called the – “10 point check”. Companies can submit their management accounts as a substitute for...
Episode 116: How To Use Circumstantial Evidence In A Disciplinary Hearing?
It often occurs that business owners do not have the correct type of evidence to prove the guilt of an accused employee during a disciplinary hearing which then results in a not guilty finding. In this podcast, SEESA Legal Advisors JG du Plessis and Adriaan Brits discuss the key elements of how circumstantial evidence can be correctly utilised and how one should present such evidence in order for it to be admissible. Click on the play button below to listen to our podcast! Contact...
An illegitimate BEE Affidavit could land you and your company in hot water.
The costly, tedious and exhausting verification process to obtain a BEE Certificate with a decent level sometimes leads to companies opting for the faster, easier and cheaper method of simply obtaining a BEE Affidavit. If done correctly, a BEE Affidavit may be more cost-effective and time-efficient than obtaining and submitting all relevant documents for verification. It can even lead to a higher or better BEE Level for your company. Unfortunately, some companies use this method as a...