How To Deal With The Issue Of Provocation?
Employees often cry “provocation” when facing charges of assault or fighting in the workplace during a disciplinary hearing, but can provocation be seen as a defence? Assault or fighting in the workplace is generally regarded as a serious and a first-time dismissible offence. Provocation can be described as an act whereby an employee acts out of anger or in retaliation to being insulted or teased by another employee. It can be seen as a temporary “loss of control” by the employee due to being...
Episode 100: When Is A Business Designated For Employment Equity?
SEESA Skills Development Facilitators, Chantel Roux and Adrian Alexander provide clarity on when a business is deemed designated for Employment Equity. They also advise on how to deactivate and reactivate on the Employment Equity public register. Click play to listen to our Podcast! Interested in having your own SEESA Skills Development Facilitator to assist your business? Sign Up Today! Contact any of our SEESA offices, alternatively, leave your contact details on our website at...
Claim 20% back of the Skills Development Levies (SDL) that you pay to SARS.
Our Skills Development Facilitators (SDF’s) at SEESA can submit a Mandatory Grant submission to the applicable Sector Education Training Authority (SETA) so that the employer can claim back 20% of the SDL they pay to SARS. SDL is a compulsory levy system to finance skills development programmes that provide an opportunity for employees in South Africa to develop and improve their skills. If a company’s annual payroll is R500 000 or more, then the employer of the company becomes liable to pay...
FAQ – Can I Dismiss An Employee For Absence After Not Returning From Self-Isolation?
Employers should be careful when contemplating disciplinary action against employees who are absent from the workplace due to self-isolation from COVID-19 exposure. Two CCMA cases, with varying outcomes, confirm that these matters should be dealt with systematically and only after adequately investigating the facts. In Mehlala v Cybersmart (Pty) Ltd (2021) 7 BALR 749, the CCMA confirmed that OHS Regulations require an employee to self-isolate for a period of 10 days or longer if the employee...
DYK – The POPI Act Places Higher Standards To The Processing Of Personal Information Of Children?
The POPI Act stringently regulates the processing of personal information of children, that is any person under the age of 18 years. Section 34 of the Act provides for a general prohibition against the processing of children's information, while Section 35 provides a list of exceptions under which children's information may be processed. Section 35 provides that children's information may only be processed on the basis of parental or a legal guardian's consent, for purposes of establishing,...
Episode 99: The Motor Industry Ombudsman Of South Africa (MIOSA) Complaints Process.
SEESA Consumer Protection and POPI Legal Advisors, Sandrisha Govender and Meggan Watson discuss the Motor Industry Ombudsman of South Africa (MIOSA) Complaints Process set out in the South African Automotive Industry Code of Conduct. They focus on why it is important for a supplier to know when a consumer can lodge a complaint, what will happen after the complaint has been lodged, and the consequences for a supplier who ignores such a complaint. Click play to listen to our podcast! Should you...
Vicarious Liability Of Employers In Terms Of The Protection Of Personal Information Act
The Protection of Personal Information Act (POPIA) is South Africa’s privacy legislation that came into effect on 1 July 2021. At its heart, the Act seeks to enhance the constitutional right to privacy, give data subjects some form of control over their personal information and ensure that organisations processing information do so in line with POPIA. The employer must abide to the POPIA by ensuring that clear policies and standard operating procedures guide employees on how to deal with...
FAQ – Do I need written contracts of employment?
No. There is no legal requirement that contracts of employment must be in writing. A verbal agreement of employment is completely binding. The difficulty will always be in proving the terms of a verbal agreement when a dispute arises. If there is one thing that all employers desire, it is certainty. Properly drafted and implemented contracts of employment provides employers with exactly that, certainty. To find out how SEESA can help your business visit our website:...
DYK – Not all “black people” automatically qualify under the definition of “Black People” in terms of the B-BBEE Act.
According to the B-BBEE Act, “black people” is a generic term that refers to Africans, Coloureds and Indians. (a) who are citizens of the Republic of South Africa by birth or descent; or (b) who became citizens of the Republic of South Africa by naturalisation (i) before 27 April 1994; or (ii) on or after 27 April 1994 and who would have been entitled to acquire citizenship by naturalisation before that date. Any false representation of the above will result in a fronting investigation and the...
Are Virtual Proceedings During Hearings, Mediations And Consultations Part Of Our New Normal?
Over recent years technology has become part and partial of the way we do business. It revolutionised the way we communicate and the way we practise law. However, the process of adopting virtual proceedings in litigation and specifically labour proceedings was fast-tracked by the COVID-19 pandemic. Courts serve mainly two functions in society, namely resolve disputes and deliver justice to individuals[1]. A virtual courtroom is a conceptual idea of a judicial forum that has no physical...