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...
Do My Hairstylists Fall Under The Scope Of An Independent Contractor, And Can I Enter Into A Commission Fee Agreement With Them?
A client argued that his hairstylists do not fall under the definition of an employee and may only pay them commission or rent a chair fee for their services. The client provides his employees with a mirror and chair to serve their client base. He also provides hair products and equipment. Section 200A of the Labour Relations Act provides definite guidelines to define an employee as, among others, economic dependency on the employer; providing the equipment to render a service and rendering...
New Code Of Good Practice Places Responsibility On Employers To Deal With Harassment In The Workplace.
The Minister of Employment and Labour recently repealed the “Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace” and replaced it with the “Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, which came into effect on 18 March 2022. The Code aims to ensure that South African labour law legislation complies with international standards, particularly the International Labour Organisation’s Convention 190, concerning...
DYK – An Employer Is Allowed A Grace Period Of 7 Days To Pay Salaries When Faced With Economic Difficulties.
An employment relationship originates when an employer and an employee enter a contract of employment. The employee undertakes to execute certain specific and/or implied duties and in return for the employer to compensate the employee with a certain amount of remuneration. For as long as an employee tenders its service, the employer must pay their remuneration on the date as specified in the employment contract and/or on the date the employee would normally receive its...
SEESA makes UIF & CF submissions effortless!
All employers must submit ROE's to the compensation fund before 31 May 2022 or face penalties. SEESA UIF undertakes to do these submissions on behalf of our UIF clients. Kindly contact the SEESA UIF & COID office to avoid penalties. For more information, contact us today! https://bit.ly/3rfVS2a
A Trade Union Wants Organisational Rights In My Workplace!
When a trade union approaches a business for organisational rights in its workplace, it often creates confusion and frustration for an employer. This should not be the case. In terms of section 213 of the Labour Relations Act, the definition of a trade union is an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers' organisations. Section 23 of South Africa’s Constitution makes provision that every worker in South...
SEESA makes UIF & CF submissions effortless!
All employers must submit ROE's to the compensation fund before 31 May 2022 or face penalties. SEESA UIF undertakes to do these submissions on behalf of our UIF clients. Kindly contact the SEESA UIF & COID office to avoid penalties. For more information, contact us today! https://bit.ly/3rfVS2a
What Are The Roles And Responsibilities Of Employment Equity Committee Members?
The Employment Equity Act 55 of 1998 states that an Employment Equity Committee should be diverse, representing all races, genders and occupational levels in the company. The committee’s purpose is to ensure that all employees are treated fairly, that the plans make business sense and can be achieved and that sufficient consultation takes place with a holistic view from representatives of all employees in the company quarterly. For the above to be possible, all committee members will represent...
The Responsibilities Of The Apprentice And The Employer For A Discretionary Grant Funded Apprenticeship.
In layman’s terms, an apprenticeship can be defined as the work-integrated training of a new practitioner of an artisan trade. However, this article will place the processes involved with an apprenticeship under a microscope and look at each stakeholder’s various responsibilities. As an employer, you could participate in Apprenticeships if you are willing to host unskilled candidates with the intention to upskill them. There are two categories of apprenticeships, Toolkit trades apprenticeships...