Important Notice – Compensation for COVID-19 vaccination side-effects
The last couple of months have been a time of great uncertainty regarding mandatory COVID-19 vaccination policies and cover for employees who suffer from COVID-19 vaccination side effects. This issue has been addressed by the recent Notice (629 of 2021), published in the Government Gazette on the 22nd of October 2021. The Notice states that where the employer requires an employee to receive the COVID-19 vaccine as an: • Inherent requirement of employment; or • Where vaccination is required...
The Property Sector Code: Requirements And Importance Of Proactive Procurement Planning.
This article will focus on the basic criteria of the Property Sector Charter, specifically the element of procurement. The key with procurement is timeous planning, as procurement points are built up throughout the measured entity’s financial year. There is no quick fix for procurement points and preparation is therefore vital. It is of the utmost importance that a procurement plan and policy be established before the financial year and that the measured entity ensures that due diligence...
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...