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...
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...
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
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...
Do I Still Accumulate Annual Leave Whilst On Maternity Leave?
In terms of section 20(2)(b) of the Basic Conditions of Employment Act, annual leave must accumulate for the period in which the employee worked or was entitled to be paid. The Act does not specify who should pay the employee, only that the employee must have been entitled to payment. If an employee is absent from work without leave or permission, they are not entitled to compensation and therefore, annual leave will not accumulate during periods of unauthorised absence. When on...
Removal Of A Director – Would It Fall Under The Ambit Of Labour Law?
Where a company anticipates removing a director from their office as director and as an employee of the company, the procedure will be governed by both the Companies Act and the Labour Relations Act. Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone other than an independent contractor who works for another person or assists in conducting an employer’s business. In Chilliebush v Commissioner Johnson & Others (2010), the Court had to consider the...
DYK – Payment Of Accumulated Leave On Termination Of Employment Is Not Always Compulsory
An employer has no obligation to pay an employee’s accumulated annual leave entitlement on termination of the employee’s contract of employment if said employee has not worked for longer than four months. In terms of Section 40(c) of the BCEA (Basic Conditions of Employment Act), which deals with payment to an employee on termination of employment, the Act states that an employee that has been in employment for longer than four months is entitled to 1 day's remuneration for every 17 days...
Episode 108: Unilateral Changes To An Employee’s Employment Conditions And The Risks Involved
SEESA Labour Legal Advisors, Nicolan Achary and Candice Govender discuss unilateral changes made by an employer to an employee's employment conditions. They explain what unilateral changes entail and the possible adverse consequences employers may suffer by implementing changes without following a proper consultative process. Click play to listen to our podcast! Should you require advice or assistance to lawfully effect changes to employees' terms and conditions of employment, please contact...
In The Latest Labour Relations Act Judgement, The Pendulum Swings Where An Applicant Cannot Appear At The Arbitration Proceedings.
Until recently, it was trite law that if a party to a dispute cannot appear (either in person or represented) at the arbitration proceedings, and that party had referred the dispute to the Commission, the Commissioner may dismiss the matter. Typically, in the instance where the applicant is a no show a dismissal ruling will follow.[1] In the two latest Court rulings, however, the Judges have taken a different stance and this shapes how the CCMA will now deal with the non-attendance of the...
What Are The Implications For Not Submitting A Workplace Skills Plan (WSP) And Annual Training Report (ATR) By The Due Date?
Once the system closes on the 30th of April each year, no further submissions can occur. The implications for not submitting a Workplace Skills Plan (WPS) and Annual Training Report (ATR) by the due date are: The Mandatory Grant of 20% Skills Development Levies will be forfeited;It may cause rejection of the Mandatory Grants in the following year, as your company will be seen as a first time participating company if one year was skipped;BBBEE ratings may be negatively impacted where Skills...