Episode 71: What Does A Valid B-BBEE Certificate Look Like?
SEESA BEE legal advisors, Jolizna Smith and Salomé Griebenow discuss the importance of a valid B-BBEE certificate. They focus on the elements that a valid BEE certificate should contain. They also explain the consequences of an invalid BEE certificate and the effect that it will have when the Preferential Procurement score is calculated. Click play to listen to our podcast! Contact your SEESA BEE Advisor to assist your business with its BEE Certificate or any BEE related queries you might...
Who To Consult During Retrenchments?
Employers often confuse the rights to consult and to represent during retrenchments with the rights of representation during other internal matters, such as disciplinary hearings. However, retrenchments are often more complex, time-consuming, and require more than one sitting. The Labour Relations Act 66 of 1995 (as amended) sets out the parties that need to be consulted in a hierarchical manner. Sections 189 and 189A of the Labour Relations Act 66 of 1995 (as amended) set out the requirements...
FAQ – Can an employer use the results of a polygraph test during a disciplinary hearing
The majority of employers are under the impression that the results of a polygraph test alone are sufficient to prove their case against the employee during a disciplinary hearing. This is unfortunately not the case. When it comes to polygraph tests, there is no legislation guiding us in that regard, and therefore we have to rely solely on case law. When the employer intends to use a Polygraph test, he/she needs to consider some...
Did You Know? – SEESA Learnerships can benefit your company on various levels
SEESA offers a wide range of Learnerships at an additional cost that can empower and educate your employees. Optimised contact sessions are offered to ensure that there is minimum downtime and low-impact on employees' productivity whilst completing their SEESA Learnership. SEESA Learnerships can also assist with BEE scorecard point accumulation under the Skills Development Element. Companies may be eligible for tax rebates of up to R80 000 per Learnership and R120 000 per disabled Learnership....
CCMA can decide retrenchment procedure disputes in terms of a referral under Section 191 (12) of the Labour Relations Act No 66 of 1995 as amended, (The Act).
CASE NUMBER: MINT 72392: Applicant: Mr A Section 191 (12) provides that an employee who is dismissed by the employer’s operational requirements may elect to refer the dispute either to arbitration or to the Labour Court if – (a) the employer followed a consultation procedure that applied to that employee only, irrespective of whether that procedure complied with section 189; (b) the employer’s operational requirements lead to the dismissal of that employee only or (c) the employer employs less...
Episode 70: Can An Employee Claim Unfair Dismissal If Their Fixed Term Contract Has Been Terminated?
SEESA Labour Legal Advisors, Anel Pistorius and Stefan Tickner, discuss the legalities surrounding Fixed Term Contracts. They also focus on the various factors to consider by employers before implementing or terminating a Fixed Term Contract with an employee and when such a contract is most appropriate. Click play to listen to our podcast! Contact your SEESA Legal Advisor to assist your business with Fixed Term Contracts, alternatively leave your contact details on our website for a SEESA...
Skills Management During The 4th Industrial Revolution
Employers and employees find themselves amidst a global pandemic that has shaken our everyday operations at work but also how we go about daily interaction—be it social gatherings or formal work meetings. The COVID-19 virus has significantly sped up the rate at which the 4th Industrial Revolution is unfolding, and our present use of technology has increased significantly from merely one year ago. As we are continuously adapting and striving to find integrative and all-encompassing technology...
FAQ – Can a company claim back the percentage of monies spent on training?
No, mandatory grants are a refund against all monies contributed towards the skills development levy paid to SARS and not on funds spent on training. This is done via the annual Mandatory Grant claim back. The Skills Development Act notes that a company whose annual payroll exceeds R500K per annual must pay 1% of their annual payroll to SARS on or before the 7th of each month. Companies can claim back 20% (called the Mandatory Grant) of the annual 1% paid to SARS via compiling and submitting...
Did You Know? – The Return of Earnings (ROE) cannot be less than 30% of the previous year’s Return of Earnings
A discrepancy occurs when the actual or provisional earnings of the current financial year are lower than 30% of the actual or provisional Earnings submitted for the previous financial year's ROE. The Compensation Fund will request various documents: 1. An affidavit confirming that the earnings declared are the actual earnings paid to all employees or if a mistake was made on the ROE's to explain what type of mistake was made. 2. A letter on a company letterhead stating the UIF reference...
Popular Apps And Services Reconsidered In Light Of The POPI Act
With the Protection of Personal Information Act 4 of 2013 compliance deadline of the 7th of July 2021 looming around the corner, a lot of attention has been given to the potential risks and effects of this Act when analysing popular applications and services. In this article, we will be looking at online storage services such as iCloud and Google Drive as it relates explicitly to Trans-Border Information Flows in terms of the POPI Act. Google Drive and iCloud: Google Drive is...