Absence Does Not Automatically Justify A Dismissal
It is important to note that all disciplinary measures taken against employees should satisfy procedural and substantive fairness requirements as stipulated in the Labour Relations Act 66 / 1995. Employers should be cautious and avoid the pitfalls of terminating an employee's employment due to prolonged absence from work as a result of their incarceration. In the event that there is no evidence that the employee occupied a key position in the company that it necessitated his dismissal after...
The Way Forward With Zimbabwean Employees And Zimbabwean Exemption Permits (Zep’s)
It is common to find foreigners employed within a workplace in South Africa, specifically Zimbabwean Nationals. Business Owners were recently confronted with the impact the Governments’ recent decision to revoke Zimbabwean Exemption Permits (ZEP’s) for Zimbabwean Nationals has on their business. ZEP’s, previously known as ZSP (Zimbabwean Special Dispensation Permits,) were implemented by Cabinet during 2009 in an attempt to assist and aid Zimbabwean Nationals in their quest to seek...
DYK – The National Minimum Wage Commission Made A New Proposal To Increase The National Minimum Wage?
The National Minimum Wage Commission proposed increasing the National Minimum Wage to R23.10 per hour. If the proposal is to be gazetted and approved, domestic workers earn R23.10 per hour. The National Minimum Wage Commission ill consider the above proposal, and if agreed upon, it will be gazetted and enforced on the date as per the Government Gazzette’s stipulations. SEESA will keep you updated regarding the approval of the new National Minimum Wage. To find out how SEESA can help your...
Episode 104: Introduction To The Broad-Based Black Economic Empowerment Agriculture Sector Code
SEESA BEE Legal Advisors Marco Du Preez and Shane Buys discuss the B-BBEE Agricultural Sector Code. They focus on the differences between the Amended Codes of Good Practice and the Agriculture Sector Code. They also explain the scope of the Agriculture Sector and to which companies the Sector Code applies. Click play to listen to our podcast! Should you require more information or are unsure which sector you fall in with regards to BEE, please consult your SEESA Legal Advisor or contact your...
Does An Offer Of Employment Constitute A Binding Contract Of Employment?
The South-African Labour law does not deal with the situation where an applicant was offered a specific position or employment opportunity by an Employer of which the offer was accepted, but only to be taken away before the commencement date or undersigning of the official Contract of Employment. Does the offer of employment constitute a legally binding contract, and will this piece of paper be worth its weight in gold if one wishes to take it to the altars of Justice? In short, yes, any type...
Must I issue each employee with a Contract of Employment?
Yes, each employee employed in your business must be given a Contract of Employment. According to Chapter 4 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), all employees that work more than 24 hours a month, must be provided with written particulars of their employment. Section 29(1) of the BCEA provides employers with a list of particulars to be given to the employee. However, employers should contact their nearest SEESA office to assist with drafting these contracts to...
SEESA PayRoll – No Licensing Fees
We understand that payroll year-end is crazy - that doesn't mean your licensing fees have to be! Our PayRoll system is available to all existing SEESA clients: • Payslips; • Processing of Payroll; • Comprehensive Reports; • Complete Payroll Setup; • Unlimited Free Training & Support; • No Licensing Fees. To find out how SEESA PayRoll can help your business visit our website for more: https://bit.ly/33FqcKQ Should you require advice or assistance, do not hesitate to contact your SEESA...
Rights Of Pregnant Employees In The Workplace
Have you ever wondered what your responsibility is as an employer when it comes to pregnant employees? We all know that section 26(1) of the Basic Conditions of Employment Act 75 of 1997 (hereafter referred to as “BCEA”)[1], states that “no employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child”. The BCEA does not provide detail as to what would be hazardous to the employees’...
Most Read FAQ Of 2021.
FAQ - How many Information Officers must be appointed in my business with reference to POPIA? In terms of Sections 55 and 56 of POPIA, the Information Officer will be the Chief Executive Officer, owner or an equivalent officer or any person duly authorised by the business. Therefore, the CEO must delegate the function of Information Officer to an alternative person to take up the enrolment of the Information Officer. It is clear that only one Information Officer can be appointed for the...
Most Read Article of 2021
The Difference Between Negligence And Gross Negligence. It is essential to distinguish between negligence and gross negligence. The reason being that negligence will not warrant dismissal for a first offence, whereas gross negligence could warrant dismissal for a first offence. Negligence is seen as the failure to fulfil the standard of care that ought to be exercised by a reasonable person in a particular situation. In labour law, the reasonable person test is used to establish negligence....