Episode 75: Amendments Within The Construction Sector Codes Effective from 1 December 2021
SEESA BEE Legal Advisors, Phillip van der Merwe and Johan Oosthuizen discuss the amendments within the Construction Sector Codes effective from 1 December 2021. This is in line with the amendments that came into effect on the Skills Development element on 01 December 2020. They also focus on the aspects in terms of the Socio-Economic Development which differ from the Codes of Good Practice. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with...
Short-time in the workplace during the COVID-19 pandemic
The code of good practice states that dismissal must be a last resort. However, we cannot shy away from the effects of the ongoing global pandemic, coronavirus, within the scope of industrial relations. It can be stated that after the hard lockdown most employers are breathing through the wound since there is a shortage of work, lack of business, just to mention a few. The unprecedented financial havoc caused by a shortage of work and lack of business has resulted in most businesses running a...
FAQ – Can an employee claim sick leave when a spouse tested positive for COVID-19?
This article assumes that the employee does not exhibit any COVID-19 symptoms. Sick leave is regulated by the Basic Conditions of Employment Act (BCEA). According to the BCEA, an employee is entitled to sick leave when the “employee was unable to work for the duration of the employee's absence on account of sickness or injury”. The BCEA clearly does not include an employee whose spouse tests positive for COVID-19 as a valid reason for taking sick leave.In the current situation with the world...
Did you know? – Cybercrime is at an all-time high and your business is at risk
During 2019, the South African Banking Risk Information Centre reported that South Africa had the third-highest number of cybercrime victims worldwide with the country losing an estimated R2.2 billion to cyber-attacks. Cyber-attacks spiked during the COVID-19 Level 5 lockdown as many employees adopted remote working. During 2020, and at the SMME level, cyber threats came largely in the form of phishing. In light of this and the imminent Protection of Personal Information Act 4 of 2013 (POPI),...
The importance of an impartial Chairperson
“Nemo Iudex in Causa Sua” – A decision-maker must be impartial and have no interest in the case.[1] A chairperson must therefore ensure that he or she is impartial when conducting a disciplinary hearing. The chairperson must weigh all the evidence for and against the employee and then make an informed and well thought out decision.[2] This requires that the chairperson must be impartial in the facts of the matter and that there must be no grounds to suspect that the decision of the chairperson...
Episode 74: Can An Employee Resign With Immediate Effect To Avoid Disciplinary Action?
SEESA Labour Law experts, Siseko Nosenga and Werner van Vuren, provides guidelines on the age-old debate of whether employees have the right to resign with immediate effect. They elaborate on why employers may refuse immediate resignations pending disciplinary action and whether employees may be compelled to work their contractual notice period. Click play to listen to our podcast! Contact your SEESA Legal Advisor to assist your business with disciplinary action or any labour related queries...
Understanding the Promotion of Access to Information Act (PAIA)
The purpose of the Promotional of Access to Information Act 2 of 2000 (PAIA) is to give effect to the Constitutional right of access to information held by both private and public bodies. It aims to promote a society in which South African’s can easily access or obtain information to enable them to exercise and protect all their rights. A formal request for information in terms of PAIA is a powerful tool one can use to gain access to the information or records of a private or public body....
Did you know? Your domestic workers are now covered under the COID Act.
This is according to the Constitutional Court order dated 19 November 2020, wherein it was ruled that domestic employees will now be entitled to compensation in the event they are injured or contract diseases while on duty. The compensation payable to domestic workers for occupational injuries and diseases are the same benefits that are payable to all other injured employees. To find out how SEESA can help your business visit our website for more: https://bit.ly/3xnZ5OW
What Happens If Your Business Doesn’t Comply With The POPI ACT?
The new Protection of Personal Information Act (POPI) is in full swing. What are the consequences if you do not comply with this Act? These are some frequently asked questions. The penalties and fines as stipulated in Section 107 of the POPI Act state that if you do not adhere to, or if you are convicted of an offence in terms of this act, you will be liable, in the case of a contravention of the following Sections: Section 100: Obstruction of Regulator’s;Section 103 (1): Failure to comply...
Episode 73: Introduction To PIVOTAL Programmes And The Benefits For Your Business
SEESA Skills development Facilitators, Juanell Mare and Sunelle du Preez discuss the different Professional, Vocational, Technical and Academic Learning Programmes available. With the increasing requirement to implement PIVOTAL programmes, they advise on identifying a suitable programme for your business and provide insight on the benefits of implementing PIVOTAL programmes. Click play to listen to our podcast! Interested in having your own SEESA Skills Development Facilitator to assist your...