DYK – The Consumer Protection Act defines how long a fixed-term agreement should be and when it may be cancelled?
In terms of Section 14, read with Regulation 5 of the CPA (Consumer Protection Act 68 of 2008), a fixed-term agreement with a consumer, who is not a juristic person, should not typically exceed 24 months from the date of signature by the consumer. A Consumer may then also cancel the agreement upon expiry or even at any other time by giving 20 business days’ notice in writing. If the agreement expires, it will automatically continue on a month-to-month basis unless the consumer expressly...
Episode 111: What Documents Are Required For A Successful Workplace Skills Plan Submission?
SEESA Skills Development Facilitators Simone Van Den Berg and Catherine Jugmohan discuss the documentation required for a successful Workplace Skills Plan submission as well as the frequently asked questions from our clients. They also focus on the benefits of claiming back a portion of your Skills Development Levy paid to SARS, the documentation required, and how your assigned Skills Development Facilitator can assist with this process. Click play to listen to our podcast! Interested in...
Your Business And The Consumer Protection Act 68 Of 2008
What is the Consumer Protection Act? The Consumer Protection Act (the “CPA”) has been promulgated into law to regulate the terms in which consumers enjoy special protection against suppliers, which main goals are to: Prohibit certain unfair marketing and business practices; Promote a legislative and enforcement framework referring to consumer transactions and agreements; Provide for improved standards of consumer information;Establish norms and standards relating to consumer protection; andTo...
If You Have Received A BCEA Form 15 Application, What Should You Do?
An employer should do the following once they have received a compliance order from the Department of Labour or Bargaining council: Comply with the compliance order received (consult a SEESA Legal advisor first) within the stipulated time frame mentioned on the compliance order. This time frame is usually 14 days; Refer a dispute concerning the compliance order to the CCMA. Suppose the employer does not comply with the compliance order or does not refer a dispute within the days stipulated on...
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...