DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee
When a Notice of Desertion and Disciplinary hearing was personally served on the employee, and the employer submits sufficient proof of such service, then the disciplinary hearing may proceed in the employee's absence if they fail to attend the hearing. The mentioned disciplinary hearing notice is usually being served with a registered post whereby the employer receives a registered post slip as proof of sending. But in such a case, there is no concrete proof that the employee indeed received...
Supplier Development Programmes Under The B-BBEE Amended Construction Sector Code
On 1 December 2017, the Amended Construction Sector Charter was gazetted and came into effect. All measured entities within the Construction Sector have to comply with the Amended Construction Sector to verify their B-BBEE status. For the purpose of this article, the focus will be on Supplier Development Programmes under the B-BBEE Amended Construction Code. The differentiation under the Supplier Development element between the Amended Codes of Good Practise and the Amended Construction Sector...
Episode 96: Difference Between A Compliant And Non-Compliant B-BBEE Certificate.
SEESA BEE Legal Advisors Cordieu Hamman and Shane Meyer discuss the differences between a Compliant and Non-Compliant B-BBEE Certificate. They also focus on the importance of a business to ensure that its B-BBEE Certificate complies with its customer and industry requirements. Click play to listen to our podcast! Contact your SEESA BEE Legal Advisor to assist your business with any BEE related queries you might have. Alternatively, SMS "SEESA" to 45776 for an expert legal advisor to contact...
The Use And/Or Abuse Of Sick Leave During The COVID-19 Pandemic
Since the pandemic's start, there have been various amendments regarding the National State of Disaster and its regulations regarding the different lockdown levels. In brief, with the level 5 lockdown, the hard lockdown, employers utilised employees annual leave to this period to pay them their full salary and subsequently claimed this amount back from TERS. Many employers have further been obtaining assistance from the TERS scheme throughout the pandemic. The question that now arises, as the...
FAQ – May employees embark on strike action without following certain legal requirements?
The answer to this is no. Although our constitution guarantees every employee the right to strike. As with any other right, the right to strike is not unqualified. Certain legal protections, including the right not to be dismissed, is limited to protected strikes. For a strike to be considered a protected strike, the employees must adhere to the legal requirements prescribed by the Labour Relations Act. They must refer a dispute to the CCMA. The dispute must first be conciliated and...
DYK? – Agricultural enterprises wishing to export products to the UK will now have to be in possession of a valid BEE certificate or an Affidavit. This will enable your enterprise to apply for an export permit, as this has become one of the permit using conditions.
The issuing of export permits for agricultural products to the United Kingdom will be regulated by the SACUM-UK Economic Partnership Agreement, which is subject to the Agricultural Black Economic Empowerment (AgriBEE) Sector Code. The B-BBEE status of applicants will be regarded as one of the conditions of Issuing an export permit. A B-BBEE status is obtainable from a valid B-BBEE certificate measured against the Amended AgriBEE Sector Codes issued by a SANAS accredited verification agency or...
Constructive Dismissal
Constructive dismissal can occur in many forms. Unfortunately, there are no cut and dried rules on what adds up and does not add up to constructive dismissal. Hence it remains a thorny issue to tackle. The increased rate of resignations with or without notice is quite alarming. It is logical to assume that most of the resignees have ulterior motives when they resign. Therefore, employers should be alarmed. The CCMA has been receiving a load of constructive dismissal cases in recent years. This...
Episode 95: Pregnancy And Accommodating Employees Before And After The Birth Of A Child.
An employer is often confronted with situations surrounding pregnant employees or employees who have recently given birth. In today's podcast, SEESA Legal Advisors, Annemien Geustyn and Stefan Tickner discuss the Legislation and Regulations that govern this situation. They also clarify the employer's rights and obligations when it comes to employees who are pregnant or who have recently given birth. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business...
The Prerequisites For Claiming B-BBEE Points On The Skills Development Element
Skills development is one of the easiest priority elements to comply with, although it requires a business to spend a monetary amount that will contribute to the development of the competencies of black people in and out of the business. This element in South Africa has become a strategic priority for businesses that wish to attain or retain an acceptable BEE level and meet the Skills Development Act requirements. By just following the scorecard, one already knows what is expected of you. What...
Update on NUMSA Strike Action: Metal and Engineering Industry
NUMSA has now given notice of their intentions to start a nationwide strike action at 05H00 on Tuesday 5 October 2021. NUMSA’s current demand is a three-year deal, with an 8% increase in year one and 2% plus CPI in years two and three, with the option to renegotiate year three should 2% plus CPI not exceed inflation. This will be a protected strike action for all employees that are members of NUMSA. The employers right to lockout. Employers are entitled to lock striking employees out of their...