DYK – An Employee Cannot Resign To Avoid Disciplinary Action?
"The argument that where an employee gives notice of termination by resigning with immediate effect, then such an employee cannot be compelled to continue working for the employer because resignation is a valid unilateral act that comes into effect on the date the employee dictates that it will come to, and end is misinterpreted." The Standard Bank of South Africa Limited v Nombulelo Cynthia Chiloane. "Except where summary dismissal is warranted, the unilateral act of the employer in...
Episode 113: What Are The Key Advantages Of Obtaining A BEE Certificate?
BEE Legal Advisors Stephen Strydom and Marcia Wildschut discuss the importance of having a valid BEE Certificate. The discussion delves into the importance of having a BEE certificate as well as the competitive edge provided by having a BEE certificate. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with your BEE Certificate. Alternatively, SMS "SEESA" to 45776 for an expert legal advisor to contact you. #TeamSEESA
Unauthorised Use Of Company Property For Private Use, Dismissible Or Not?
Using company property by an employee is a direct result of the existence of an employment relationship. Company property should therefore be used for work-related purposes only. To determine whether the unauthorised use of company property for private use by an employee is dismissible, one has to look at the following: Is there a policy in the workplace prohibiting the unauthorised use of company property? Alternatively, is there is a clear rule prohibiting such use? Further, if such policy...
Does An Employee Whose Health Is Detrimentally Affected By Smoking In The Workplace Have Legal Recourse At Their Disposal?
Employees who are uncomfortable with exposure to cigarette smoke or become ill because of the smoking of the employer or personnel within the workplace have recourse from lodging a grievance against the culprits to claiming constructive dismissal. In terms of Section 24 of the Constitution of the Republic of South Africa, every person has the right to an environment that is not harmful to their health. This must be read along with the Occupational Health and Safety Act and the Tobacco Products...
A Woman’s Pregnancy Status During A Job Interview: These Are The Boundaries Drawn By Legislation
We all know that applying to enter the employment market and the stress that accompanies the interview process may be an ordeal all on its own. It is arguable that for a woman, an interview can take a swiftly unjust turn as soon as the seemingly practical, though mostly invasive, question is posed by her interviewer: “are you currently pregnant, or do you intend on having children soon?” The above may give rise to the following consideration: Can an employer dismiss an employee who failed to...
DYK – An Employee Should Not Claim Medical Disability And Simultaneously Be Employed
Employees who are temporarily or permanently medically boarded may claim UIF or a SASSA medical disability grant, depending on their circumstances and whether they meet the requirements to submit a claim. A SASSA disability grant will be awarded, according to their website, if the claimant meets the legislated requirements and is not receiving any other disability benefit, and where the medical assessment confirms that the claimant cannot work because of their condition or disability. An...
Episode 112: When does an employee’s conduct constitute abuse of sick leave?
SEESA Labour Law experts Anel Pistorius and Gysbert Janssen discuss the situation where an employee's conduct under circumstances of alleged state of illness needs closer examination. This topic is discussed with reference to recent case law and prevailing labour legislation to enable employers to make informed decisions on how to deal with situations like this and to determine when misconduct is being committed. Click play to listen to our podcast! Contact your nearest SEESA office to assist...
Medical disability
Have you ever needed assistance or wondered how to proceed when an employee has a medical disability or the doctor has booked them off for a period and advised that they cannot return to work? The below provides some assistance in understanding the process and options available. Suppose an employee suffers from a mental or physical disability that renders them unfit to work for a period exceeding six months, the employee may be regarded as suffering from a medical disability. A temporary...
Does A Consumer Always Have The Right To Return A Product And Request A Refund?
The short answer is No. Normally, if a consumer bought a product, it may not be returned for a refund unless there is an additional refund policy in place and a valid reason in terms of the Consumer Protection Act. Valid reasons in terms of the Act are: The product is defective within six months after delivery, subject to investigation and misuse, wear and tear;The product was bought after direct marketing and the consumer cancelled the agreement within five business days;The consumer did not...
The Important Steps To Be Taken By A Responsible Party When A Data Breach Has Occurred.
An essential aspect of complying with the Protection of Personal Information Act 4 of 2013 (hereinafter ‘the Act”) is informing Data Subjects of security compromises/data breaches. This appears to be amplified by the digital era, where companies store most of their data on digital platforms, thus opening themselves to possible data breaches. In terms of Section 22 of the Act, a responsible party, any public or private body who process information on paper or electronically within South Africa,...