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...
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...