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....
DYK – Employers Approach Public Holidays Incorrectly During December Leave Periods.
The question is often asked during the December holiday period whether employees should apply for annual leave on days which are usually public holidays. And the simple answer is no. Annual leave applications must only be submitted for ordinary working days with the exclusion of public holidays. When it comes to public holiday payments, the golden rule that employer should keep in mind is as follow; if a public holiday falls on a day on which an employee would normally work,...
Can An Employee Be Dismissed For Making Racial Posts On Social Media?
It’s safe to say that social media has infiltrated our personal lives and working environments to such an extent that one does not always realise the repercussions of posting and commenting freely on these platforms since it has formed part of our everyday activities. Racism can be defined as prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's race is superior. The CCMA scrutinised this very definition and racial social...
What should be on your product label?
When the Consumer Protection Act (CPA) came into effect in 2011, it introduced a number of changes to existing trade- and consumer practices, seeking to regulate consumer affairs more readily and protect consumer rights. One area in particular that the CPA has affected is that of product labelling and trade descriptions. What is a trade description? The CPA defines a trade description as: Any description, statement or direct or indirect indication other than a trademark as to – The number,...
What should be on your product label?
When the Consumer Protection Act (CPA) came into effect in 2011, it introduced a number of changes to existing trade- and consumer practices, seeking to regulate consumer affairs more readily and protect consumer rights. One area in particular that the CPA has affected is that of product labelling and trade descriptions. What is a trade description? The CPA defines a trade description as: Any description, statement or direct or indirect indication other than a trademark as to – The number,...
DYK – Drafting charges for a disciplinary hearing does not have to be technical?
In a recent Labour Court case, Sol Plaatje Municipality V South African Local Government Bargaining Council and others (2021) 30 LAC 1.11.52, the Labour Court pointed out that charges in disciplinary proceedings need not be drafted to the precision of that in criminal matters. This case, therefore, makes it clear that a strict or unduly technical approach by Commissioners towards charges in a disciplinary hearing can be challenged. The Labour Court further points out that if the main charge is...
Episode 103: Chapter 2 Of The Employment Equity Act
SEESA Skills Development Facilitators, Bronwin Pitt and Charleen Munsamy discuss the Chapter 2 Policies within Employment Equity Act. Together, they advise on who is required to comply and provide you with a better understanding as they briefly discuss each policy. Click play to listen to our podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business? Signup Today! Contact any of our SEESA offices, alternatively, leave your contact details on our...
Fixed-Term Contracts And The Implications Of Incorrect Use
Fixed-term contracts sound appealing in theory but can be very complicated. As such, the Labour Relations Act was amended in 2014 in an attempt to provide guidance on fixed-term contracts. Section 198B of the Labour Relations Amendment Act deals with fixed-term term contracts and defines a fixed term contract as a contract of employment that terminates either: on a fixed date; on a specified event; or once a particular project or task has been completed. This section does not apply to...
FAQ – Is consent enough to process personal information?
The simple answer is no. Although consent is one of the fundamental requirements in the Protection of Personal Information Act, the Act requires more than just consent. When referring to Section 18 of the Act, certain notifications must be given to a person when collecting their personal information. Such notification includes the following: What information is being collected;Should the information not be collected directly from the person, the source that provides the information must be...