The Difference Between Negligence And Gross Negligence
It is essential to distinguish between negligence and gross negligence. The reason being that negligence will not warrant dismissal for a first offence, whereas gross negligence could warrant dismissal for a first offence. Negligence is seen as the failure to fulfil the standard of care that ought to be exercised by a reasonable person in a particular situation. In labour law, the reasonable person test is used to establish negligence. The test entails determining whether a reasonable...
Did you know? A company can apply for an additional amount in a Discretionary Grant on top of the 20% Mandatory Grant.
Companies that annually submit their Mandatory Grant claim (Actual Training Report / Workplace Skills Plan) to their relevant SETA can also apply for the Discretionary Grant. Companies are able to apply for the grant on Learnerships, Apprenticeships, Bursaries, Skills programs etc. – Training programs that lead to a full qualification or form part of a qualification – these are often called PIVOTAL programs. The relevant SETA will open up a “window application period” each year to inform...
Did you know? BEE verifications are subject to the SANAS regulatory body, and that all verifications must now be done on your company’s latest financial year-end?
What does this mean for your business? The South African National Accreditation System (SANAS) is the body responsible for the accreditation of BEE verification agencies. SANAS recently specifically addressed the measurement period that entities can use for their BEE verification. In the past, some verification agencies were willing to accept financial statements for any 12-month period, but SANAS has now stated clearly that the measured period can only ever be the financial year-end for the...
A Refusal To Work Due To Late Payment Of Salaries
COVID-19 has wreaked havoc in the world’s economy, and South Africa was not spared the wrath of the COVID-19 storms, poor economic growth coupled with fears of a third wave has sent shivers down the spine of many businesses. The reality of another lockdown is a frightening one, more so as dwindling turnovers threaten the livelihoods of many South Africans. So what happens when a business is struggling financially, so much so that they cannot honour paying salaries on time? This is the question...
Episode 72: How Can Data Mapping Assist A Business Owner With POPI Compliance?
SEESA Consumer Protection And POPI legal advisors, Marike Brand and Stephanie Christensen discuss how an information officer could use a data mapping tool as an internal measure to ensure that adequate standards exist to comply with the conditions of lawful processing. They briefly summarise and explain what information should be captured. Click play to listen to our podcast! Should you require further assistance or consumer-related advice, please contact your nearest SEESA office for...
Increase Your B-BBEE Score Through A Joint Venture
A Joint Venture (JV) is a business agreement between two or more entities whereby they agree to join their resources for the purpose to achieve a specific business goal. A JV is its own entity, separate and apart from the participants to the agreement. It will require its own Broad-Based Black Economic Empowerment (B-BBEE) certificate when responding to tenders and entering into contracts that require a B-BBEE certificate. This means you will have to obtain a new B-BBEE certificate for the...
FAQ – What compensation can you expect to receive when taking Injury on Duty leave?
When the employee is booked off due to an accident or occupational disease for four days or longer, but less than three months: • The employer must pay the employee at a rate of 75% of his/her earnings from the first day until 90 days. • The employer will be able to claim back the periodical payment of 75% made to the employee from the Compensation Fund. If the employee is booked off due to an IOD for longer than three months: • The employee must claim compensation directly from the...
What happens when your domestic worker is injured or contracts an illness?
What happens when your domestic worker is injured or contracts an illness whilst in your employ? Did you know that following a recent landmark ruling, domestic workers can be included in and are now protected by the COID Act? Join us for a FREE webinar as we discuss the ruling and what your responsibilities as an employer are. The aim of this course is to provide you with more background information and a brief overview of how to apply, as well as the documentation required. Click on the...
FAQ – Will an observation test suffice if we don’t have a breathalyser?
An observation test can be conducted instead of utilising a breathalyser test device to determine whether the employee is under the influence of intoxicating liquor. Instead of using a breathalyser test device to determine whether the employee is under the influence of intoxicating liquor, the employer can also use the Observation test. This is most useful when the employer notices unusual and unfamiliar behaviour by the employee (through observations) when reporting for duty as well as when...
Skills In The Workplace, Using Learnerships To Maximise Gains
It is important to note that Skills Development is a priority element. This means that if the subminimum of 40% of the total points isn’t reached, the Measured Entity will be penalised by being discounted a level. If a Measured Entity is serious about obtaining a BEE score, they will have to comply with the Skills element, seeing that it accounts for roughly 25% of the total scorecard. The problem Measured Entities face regarding the target of the skills element is how time-consuming and...