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...
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
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...