FAQ – How to deal with employees sleeping on duty.
Sleeping on duty may either occur unintentionally where an employee drowses or dozes off due to sedative medication or long hours of sitting. However, sleeping on duty may also occur intentionally where an employee went to hide away or re-arranged chairs in order to make a temporary bed. Employers are always urged to have a policy in place that addresses sleeping on duty and applying progressive discipline as far as possible. If an employer has a suspicion that an employee is...
Did you know? – You can appeal a denied TERS claim?
Many employers received error messages when attempting to lodge a sector-based claim for their employees. This was mainly because the sector selected did not match the SARS database. An employer/user can now lodge an appeal to the UIF Call Centre: The caller will be subjected to an authentication process;A link will be sent to the caller to upload documents (Appeal form& supporting documents)only this link will allow submission to the UIF;This will then be transferred to UIF; A...
Disciplinary Codes Are A Vital Tool For Employers
A Disciplinary Code is an internal document that the employer of the business drafts. The rules of conduct are underlined in this document, and the suggested penalties for contravening these rules are listed. Schedule 8 of the Labour Relations Act deals with disciplinary rules and procedures. Schedule 8 section 3 (1) states that: “All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will...
Can One Dismiss An Employee For Informing Someone That Their Employer Is Showing Symptoms Of COVID-19?
When an employee signs their employment contract, there is often a confidentiality clause which states that the employee will refrain from disclosing any confidential information to any third party whilst in employment with their employer and after termination, unless the employer agrees to disclose such information with the employee. Should the employee breach this clause, it possibly may lead to disciplinary action against the employee. But what happens when an employee informs the...
FAQ – Can a consumer cancel his fix-term agreement before the expiry date?
Any fix-term contract can be cancelled by giving 20 business days’ notice for cancellation. In certain instances, the supplier is also allowed to charge a reasonable cancellation fee or penalty charge. Section 14 allows for the cancellation of a fix-term contract. However, it is essential to note that Section 14 does not apply to a consumer agreement between two juristic persons. So it has to be between a juristic person and a natural person. How are these penalties calculated? Section 14...
An important change took place regarding the PAIA.
The Information Regulator, as of 30 June 2021, took over the function of the Promotion of Access to Information Act (PAIA) from the South African Human Rights Commission (SAHRC). The objectives of PAIA are to promote transparency, accountability, and effective governance on all public and private bodies. An Information Officer of a private body must compile a PAIA manual. This manual aims to facilitate requests for information from private bodies. This manual is to be made available at the...
The Protection Of Personal Information Act (POPIA) – More Than Just Consent
As the Protection of Personal Information Act 4 of 2013 (hereafter referred to as the Act) has become fully operational since 1 July 2021 businesses have tended to be solely focused on receiving consent from people or clients. The question to ask is: “Is consent enough to process personal information?” The simple answer is no, although consent is one of the fundamental requirements in the Act. The Act requires more than just consent. When referring to Section 18 of the Act, certain...
Episode 90: ICT Sector Council Fees And The Impact It Has On The ESD Element
In today's podcast, SEESA BEE Legal Advisors Solita Narayan and Seshni Chetty discuss the relationship between Information Communications Technology (ICT) Sector Council Fees and the Enterprise and Supplier Development elements (ESD). They also advise on the consequences of not paying these fees. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with any BEE related queries you might have. Alternatively, SMS "SEESA" to 45776 for an expert legal advisor...
Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?
Many have asked the question, “Do I need to sign these agreements?” Before answering this question, we need to look at the POPI Act and find out under what circumstances personal information can be processed and whether obtaining consent is the only way in which a data subject’s personal information can be processed. From what has been in circulation recently, it appears that there is a misunderstanding or misinterpretation of the Act and its application. Section 11 of the Protection of...
FAQ – Can POPIA provisions affect disclosure of information in hearings?
POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development. Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an...