Can Employees Who Refuse To Testify At Disciplinary Proceedings Be Dismissed For Insubordination?
Witness testimony is one of the primary sources of evidence often relied upon by employers at disciplinary hearings to prove an accused employee guilty of misconduct. Employees can, however, refuse to testify at disciplinary proceedings resulting in an employer being unable to prove its case. The Labour Appeal Court (LAC), in the case of Kaefer Energy Projects (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others, was tasked with determining whether an employer would be...
DYK – Employees Should Be Provided With Copies Of Notices And Warnings, Even If They Refuse To Sign?
The purpose of serving a warning or a notice, such as a notice of hearing, is to ensure that the employee carries the knowledge of the content of the document at the time of serving it to the employee and to serve as future proof that the employee knew of the content of the document. The employee signing the document is simply a way to prove that the employee received the document. The employer’s actual aim is to provide the employee with a copy of the notice or warning. Failure to provide a...
Episode 110: What Are The Advantages Of Using Learnerships On Your BEE Scorecard?
SEESA BEE Legal Advisors Solita Pillay and Seshni Chetty discuss how learnerships work and the impact that they have on the BEE Scorecard. They also focus on the financial benefits of using learnerhips. Click play to listen to our Podcast! Contact your SEESA BEE Advisor to assist your business with any BEE related queries you might have. Alternatively, SMS the word "SEESA" to 45776 for an expert legal advisor to contact you. #SEESA #BEE #ExpertLegalAdvice #YourRunningABusiness...
A Union’s Constitution And The Effect Of Its Scope Of Application On Employee Memberships
Organisational rights, such as the union’s access to the workplace, deduction of membership fees, shop steward representation, union activities, and right to disclosure of information, can be conferred on a trade union in a workplace. However, this is subject to a registered union, sufficiently represented, and whether the employer’s industry falls into the union’s chosen scope of application of its constitution. Section 95(5)(b) of the Labour Relations Act makes it peremptory for a union to...
How Are The Targets For Supplier, Enterprise And Socio-Economic Development Contributions Calculated?
The target expenditure for Supplier, Enterprise and Socio-Economic Development is calculated for most of the Sector Codes (bar the Construction Sector Charter), based on a percentage of the net profit after tax (NPAT) for the specific financial year of the business being measured. A frequent question is how the targets will be calculated if the business made a net loss that year. The codes then dictate that the average NPAT for the last five years be calculated and used;Should the average then...
What Benefits Are There In The Registration Of A Learnership For B-BBEE Points?
As legal consultants, we always strive to introduce the most cost-effective initiatives to our clients regarding B-BBEE expenditure. With the Skills Development element, learnerships falls well within this category. If structured correctly, learnerships can save you both time and money in the long run and may be well worth your efforts. What is a Learnership? A learnership is a workplace education and training programme comprising a practical workplace experience and structured theoretical...
DYK – The Agricultural Sector QSE Scorecard Has Score Multipliers In The Enterprise And Supplier Development Element?
The Agri Sector QSE Scorecard has four initiatives that have a multiplier on the points earned for contributions. The initiatives are as follows; Initiatives that directly contribute to new jobs created in the associate enterprise. If there is an increase of 100% jobs created on the base, the measured entity gets a total of 1.5 multiple factor. Pro rata will apply if the increase is less than 100%, which is 1.5 multiple factor;Initiatives that assists the development of beneficiary entities to...
Attention all RMA Employers
The 2021 Return of Earnings submission period for all employers who belong to RMA (Rand Mutual Assurance) is open now. Class XIII employers belong to mining and mining-related industries, iron, steel, artificial limbs, galvanising, garages, metal and related industries. Should you have any questions in this regard, please do not hesitate to contact the SEESA UIF & COID Department. To find out how SEESA can help your business visit our website for more: https://bit.ly/3p3mlze
Episode 109: The Processing Of Personal Information of Children In Respect of POPIA – How And Why?
SEESA Consumer Protection and POPI Legal Advisors Megashlin Naidoo and Viantha Govender discuss the legal implications in relation to POPIA and the processing of information of children. They focus on the aspects of Authorisation of processing children's information in respect of Section 34 and 35 of the Protection of Personal Information Act. They also mention the appropriate safeguards in terms of Section 19 required to secure the integrity and confidentiality of Personal Information. Click...
Rules for Discretionary Collective Enterprises
The Dept of Trade, Industry and Competition published a Practice Note in May 2021 regarding the rules of discretionary collective enterprises. The note provided clarity on the interpretation of the B-BBEE Codes regarding claiming points for ownership through ‘discretionary collective enterprises’. The Practice Note seeks to provide certainty for those measured entities that made use of a collective enterprise and what will be required as satisfying the requirements for Black ownership in terms...