FAQ – May an employee be dismissed for calling managers “frauds”?
Yes. There was a recent case in the CCMA where an employee was dismissed after being charged for bringing the company`s name into disrepute because she summoned the police to the workplace on three separate occasions after she had clashed with colleagues. She refused to attend a disciplinary hearing, describing the managers as “frauds”. The CCMA found her dismissal to be fair. To find out how SEESA can help your business visit our website: https://www.seesa.co.za/ "SMS" the word "SEESA" to...
Can My Employees Refuse To Work If Salaries Are Paid Late?
This issue comes up quite often, especially in the contractor industry. The main reason for this is usually because the main contractor who appointed the employer did not pay on time, and subsequently, salaries were paid late by the employer. Often employees will refuse to work, claiming that they have not received their salary as stipulated in their contract of employment, and for this reason, they won’t continue working. This article will shed some light on what the employees are allowed to...
Episode 98: How Your Company Can Enhance Its BEE Status Under The Construction Sector Codes
SEESA BEE Legal Advisors, Edmund Drake and Leze Jonker discuss which entities qualify to enhance their BEE status under the Construction Sector Codes, specifically referring to EME and QSE entities. They also discuss how to enhance your status through Skills Development as well as Supplier Development and how SEESA can assist in obtaining the required points under these elements. Click play to listen to our podcast! Contact your SEESA BEE Legal Advisor to assist your business with the...
If You Fail To Plan To Deal With Industrial Action, You Might As Well Plan To Fail.
Benjamin Franklin once said, “By failing to prepare, you are preparing to fail”, and that is exactly the kind of mindset an employer must have when it comes to industrial action. During October 2021, there was both an industry-wide strike as well as a nationwide strike. The former being organised by the trade union NUMSA and the latter by the by trade union federation COSATU. These ongoing strikes and protests have an enormous impact on the economic well-being of not only our economy as a...
FAQ – Can I dismiss an employee for making a false statement on his CV?
Yes. An employee stated on his CV that he completed a Diploma in internal auditing. Management discovered that he had failed several modules of the Diploma. He was dismissed for making a false statement on his CV. The CCMA found the dismissal to be fair. To find out how SEESA can help your business visit our website. https://www.seesa.co.za/ "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you! #TeamSEESA
DYK – Cosmetic Defects On A Vehicle Will Not Cause Imperfection Leading To Cancellation.
Most Consumers will argue that a cosmetic defect can cause the agreement to be cancelled due to imperfection of the vehicle or part. One must look at the definition of a “defect”. A defect can be defined as "an imperfection (the state of having faults or blemishes) or abnormality that impairs quality, function, or utility". Regarding the definition mentioned above, cosmetic defects can't be seen as a defect but will be defined as an irregularity or imperfection which does not affect a...
Referral Selling: Is It Allowed Under The Consumer Protection Act?
Getting new clients is a vital key to growing your business. Referrals are a common way for businesses to increase their customer base and future sales. This is done by offering your customers a reward to get their acquaintances, friends and family to buy your product or services. Before you introduce such a referral program to increase your sales or customer base, you, as a responsible entrepreneur, should first make sure that the marketing strategy you are about to implement in the business...
Episode 97: When Do I Charge An Employee With Insolence Or Insubordination?
In this podcast, SEESA Legal Advisors, Dieter Heydenrych and Yolande Iversen discuss the differences between insolence and insubordination and the requirements to charge employees with the proper class of offence. Insolence can be seen as the disrespectful attitude of an employee towards any superior, whereas insubordination requires the employee to have refused a lawful and reasonable instruction. Should the insubordination be willful and consistent, then the offence might even warrant...
The GDPR And Businesses In South Africa
Trying to understand what GDPR is all about? Simply put, the GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The GDPR (General Data Protection Regulation) not only applies to businesses within the EU, but also to businesses outside the UN if such a business offer goods or services to residents of the EU or monitor their behaviour. The GDPR was enforced on the 25th of May 2018 by the EU (European Union Law) and was...
FAQ – May I dismiss an employee for not wearing a facemask?
The Labour Court has already urged employers to act robustly against employees who flouted the COVID-19 regulations, and this was confirmed in a recent CCMA case. In Ngcobo v East Coast Board (Pty) Ltd (2021) 8 BALR 826 (CCMA), the employee breached the Health and Safety rules by not wearing a facemask during working hours. He was dismissed after receiving a previous final warning for the same offence. The employee made light of the rule and claimed that the incident occurred when the lockdown...