FAQ – Are Shop Stewards Only Allowed Where The Union Has Majority Status?
Section 14 of the Labour Relations Act (LRA) always provided that shop stewards are only allowed in the case of majority Unions, but this is no longer true in all cases. Section 21(8)A of the LRA, as amended, provides that as long as it is the only Union in the workplace and no other Union has such right, they can apply to the CCMA to grant them this right even where they do not hold majority status. To find out how SEESA can help your business visit our website for more:...
Importance Of Aggravating Factors During Disciplinary Hearings
When an employee is found guilty during the disciplinary hearing proceedings, the evidence presented in aggravation of a sanction should be taken into due consideration before deciding the appropriate sanction. When a chairperson makes a guilty finding on an employee, the next step in the proceedings would be to listen to the aggravating and mitigating circumstances before the chairperson decides what the appropriate sanction would be. The initiator acting on behalf of the company must...
Episode 94: Employment Equity Audits: Barriers and Affirmative Action Measures In The Company
In this podcast, Skills Development Facilitators, Ruan Koortzen and Jacques Rossouw discuss the focus points regarding the progress and elimination of Employment Equity Barriers through the implementation of affirmative action measures regarding Employment Equity Audits conducted by the Department of Labour. Click play to listen to our podcast! Should you require additional information, please contact your SEESA Skills Development Facilitator, alternatively, leave your contact details on our...
Severance For Post-Retirement Employees
It is common practice for businesses to have a set retirement age stipulated in their contracts of employment. This is usually around 65 years of age. However, with the advancement of medical care and quality of life improvements, employees are often perfectly capable of working beyond this age. Employers may well benefit from such extended service due to their experience. Thus, we encounter the common phenomenon of post-retirement employment with the same employer. Section 198B of the Labour...
FAQ – Why Is It Important For My Suppliers To Be BEE Compliant?
The Procurement Element gives you the opportunity to build a strong, sustainable baseline for your BEE level. If one of your top suppliers is non-compliant, it can be the difference between a level 1 and a level 3. Always ensure that your top suppliers are at least on a level 4 and, where possible, a level 2 with 51% black ownership to gain maximum benefit from your suppliers. To find out how SEESA can help your business visit our website for more: https://www.seesa.co.za/...
DYK? – SEESA Skills Training provides training courses that will assist your company with the minimum requirements to comply with the OHS Act
According to the OHS Act and the minimum requirements, in order to be compliant, a company with more than ten employees must assign 1 First Aider, and for more than 50 employees, another one. Companies with more than 20 employees have to assign a Health and Safety inspector and another one for more than 50 employees. SEESA Skills Training provides and facilitates courses that clients can attend on our retainer package and at no extra costs in order to ensure these requirements can be put in...
Servicing Or Repairing Your Vehicle Will Never Be The Same Again.
Is driving to the nearest town to service or repair your vehicle a reality just to keep the factory warranty or to make use of the service plan on your vehicle? Starting July 2021, Consumers now have the right to not only service their vehicles at any service centre, in accordance with the Compensation Commission guidelines published in February 2021, Consumers will also be allowed to replace defective parts with non – original parts where the specific vehicle warranty has expired. As such,...
Imminent Strike Action in the Metal and Engineering Bargaining Council
On 15 September 2021, the MEIBC issued a certificate of non-resolution in the ongoing wage, and substantive issues dispute in the industry. In terms of the Labour Relations Act (LRA), the next step in the process is now for the parties to agree on picketing rules. If the parties cannot agree on picketing rules, the matter must again be set down at the MEIBC for a commissioner to determine the picketing rules. Only after picketing rules are in place will NUMSA be entitled to proceed to strike...
Episode 93: Should My Company Have A Data Processing Agreement With Third Parties?
In this episode, SEESA CP & POPI Legal Advisors, Frederik du Plessis and Melinda van der Merwe discuss the importance to draft a Data Processing Agreement in line with Condition 7, Section 20 of the Protection of Personal Information Act (POPIA). The Responsible Party must ensure that they enter into an agreement when an operator processes personal information on behalf of the responsible party. Click play to listen to our podcast! Should you require further assistance or consumer-related...
FAQ – Should our company still comply with the Employment Equity Act if we are submitting voluntarily?
Yes, all companies that are submitting Employment Equity reports to the Department of Labour voluntarily are required to comply with all aspects of the Employment Equity Act. The following duties should be complied with even though your company is submitting Employment Equity voluntarily: Duty to appoint an Employment Equity Manager;Duty of communication and awareness; Duty to establish an Employment Equity Committee;Duty to compile an analysis;Duty to compile a EE plan with a one to...