Episode 77: Alcohol Related Offences / Intoxication As Misconduct.
SEESA Labour Advisors, Charl Vollgraaff and Charl Fourie discuss key aspects of alcohol-related misconduct and pitfalls encountered by employers. They discuss the practical elements of breathalyser testing, "zero tolerance" policies and related disciplinary action. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with alcohol-related misconduct or any labour related queries you might have. Alternatively, please leave your contact details on our...
Disciplinary Hearings – Biased Chairpersons
The perception that the adjudicator of a dispute may be biased is an ever-present risk. The issue is not a trivial one, A long line of cases shows that it is not merely of some importance but is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done (R v Sussex Justices, ex parte McCarthy ([1924] 1 KB 256, [1923] All ER Rep 233)). A hypothetical question can be used to provide context. “Is it advisable for an employer to have a...
Did you know? – It is your obligation to implement appropriate & reasonable safety measures in your company.
Security measures on integrity and confidentiality of personal information.— (2) In order to give effect to subsection (1), the responsible party must take reasonable measures to— (a) identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control; (b) establish and maintain appropriate safeguards against the risks identified; (c) regularly verify that the safeguards are effectively implemented; and (d) ensure that the safeguards...
FAQ – Should employees receive warnings or unpaid leave if they are absent from work?
Employees have a duty to work the hours required of them, with the substantial amount of public holidays during this time of the year, there has been an increase of employee absences without good reason, leave or permission. Many employers are unsure how to deal with such absences appropriately. Firstly, it should be noted that employee absence and the failure to inform the employer of said absence are two separate offences. Should an employee be absent, even with good reason, and not inform...
Consumer Protection Compliance With The Motor Industry Ombudsman
The Consumer Protection Act 68 of 2008 does exactly what the same says; it protects the rights of the consumer. In terms of Section 55, a consumer has the right to safe, good quality goods; however, when one looks at Section 56, the consumer has a right to an implied warranty of quality. In short, this section states that within 6 (six) months after the delivery of any goods to a consumer, the consumer may return the goods supplied without penalty and at the supplier’s risk and expense....
Episode 76: The PAIA Manual In Context With The POPI Act
SEESA Consumer Protection and POPI Legal Advisors, Beyers De Wet van der Watt & Frikkie Du Plessis discuss how the Promotion of Access to Information Act (PAIA) and the Protection of Personal Information Act (POPIA) interrelate. They discuss the Businesses' need to compile a PAIA manual and how this manual relates to the POPIA. Click play to listen to our podcast! For more information on requirements and posts by the POPI Act regarding the Information Officer, registration of the...
B-BBEE And Your Trading License
In recent times we have seen many changes, not only in the way that business is done with most businesses going electronic but also with this new era of operating, some “old” requirements in some sectors have become “new” requirements in others. One does not always appreciate the effect that non-compliance will have on you and your company, as most believe that a B-BBEE level is used only for procurement purposes. However, in recent times one has seen a change to this as many sectors now...
FAQ – Is your business required to contribute to the B-BBEE ICT Sector Council fees?
The B-BBEE ICT sector council has made the decision that as from 1 December 2020, all ICT entities who obtains a B-BBEE certificate or affidavit, will need to contribute to the annual fees of the ICT sector council. If an entity, therefore, falls under the B-BBEE ICT sector, they will be required to provide proof of payment to the verification agency as well as confirmation from the ICT sector Council that the entity is up to date with their fees. The implication of non-contribution to the...
Did you know? – A construction company with 0% of black ownership can obtain a B-BBEE Level better than Level 4
If the enterprise’s turnover does not exceed the annual threshold of R10mil per annum, it will be exempt from complying with any of the prescribed elements and will only qualify for an automatic level 6. If the maximum points were reached for skills development and supplier development, this level 6 can be enhanced to a level 3 B-BBEE recognition level that can be obtained without having any black ownership. All that an entity needs to do is to get the correct advice in this regard. To find...
B-BBEE – Reasons why your business might drop a level
When you are a Qualifying Small Enterprise (QSE) or a Generic Company, you are normally required to spend a certain amount of money to obtain full points on specific elements on a scorecard (This excludes automatic BEE levels that you obtain because you have more than 51% black ownership). It happens that companies spend a lot of money and still drop a level, which sometimes leads to a non-compliant certificate. How does it work? In the normal B-BBEE Codes of Good Practice, there are 3...