WhatsApp and the Protection of Personal Information Act
The past couple of weeks, most people were overwhelmed with messages from friends and colleagues to delete WhatsApp or to install a different rival application like Telegram or Signal. The concern sparked from a change to WhatsApp’s privacy policy to which users must agree in order to use the application. The update in the policy was set to take place in February 2021 has been delayed to May 2021 due to the widespread confusion and misinformation. WhatsApp indicated the reason being that it...
Important Notice – TERS extension conditions and specifications announced.
The Department of Labour made the below announcement on their TERS website on the conditions of the extension and specifications around which sectors are eligible to apply under the TERS extension. Following the President’s announcement that the COVID-19 TERS will be extended to 15 March 2021for certain sectors that have not been able to operate and employees that remain affected by regulatory restrictions, the social partners at NEDLAC have worked to finalize the details. The Department of...
Episode 65: How To Compile A Skills Development And Training Committee
In this episode, SEESA Skills Development Facilitators, Serisha Moodley & Sonia Chauke discuss the roles and responsibilities of the Skills Development and Training Committee. They also focus on who needs to be represented and what needs to be discussed. Click play to listen to our podcast! Should you require additional information, please contact your SEESA Skills Development Facilitator, alternatively, leave your contact details on our website. #TeamSEESA
An overview on dealing with deserting employees
Employers are often faced with situations where employees are absent from the workplace for long periods. It is important to follow a proper procedure to deal with these situations. Here are some tips on what you need to know when dealing with the desertion of employees: There is a duty on an employer to contact an employee who does not report for duty to establish his/her whereabouts. This should be done from the first day of absence. Employers should keep a record of all the attempts made...
FAQ – What is the purpose of Enterprise and Supplier Development?
It is important to ensure that you have your Enterprise & Supplier Development in place for your Broad-Based Black Economic Empowerment (B-BEE) verification. Under the Codes of Good Practice generic scorecard, you are able to obtain 5 points under Enterprise Development and 10 points under Supplier Development. This is 15 points that can be guaranteed if you comply with the requirements. The first requirement is that the Enterprise, as well as the Supplier Development...
Did You Know? – There are new laws applicable to your staff if you own a hospitality establishment called the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades, replacing the Hospitality Sectoral determination.
This will be effective from 18 January 2021. The sectors covered by the new Main Agreements rules are places like a “Tearoom, Restaurant, Catering, Coffee Shop, Pub, Tavern, Roadhouse, Cafe, Snack Bar, Fast-Food Outlet, Convenience Store, Industrial or Commercial Caterer, function Caterer, Contract Caterer, Catering and associated activities.” Some significant changes are that there are compulsory bonuses. Employees on probation can be remunerated 10% less than the prescribed hourly wage. And...
Is dismissal always the appropriate sanction in cases of a first offence for dishonesty?
In Nedcor Bank Ltd v Frank & others (2002) 23 ILJ 1243 (LAC), the Labour Appeal Court held that dishonesty entails a lack of integrity, particularly willingness to steal, cheat, lie or act fraudulently. The LAC warned that it should not be used as a loose term towards employees in any circumstances. Item 3(4) of Schedule 8 of Labour Relations Act (LRA), Code of Good Practice: Dismissal states that it is not appropriate to dismiss an employee for a first offence, except if the misconduct is...
Episode 64: Processing Information In Terms Of The POPI Act
In this episode, SEESA Consumer and POPI Legal Advisors, Frederik du Plessis and Melinda van der Merwe discuss the conditions set out in the Protection of Personal Information Act in relation to the lawful processing of personal information, together with objections made by the data subject to the processing of personal information. Click play to listen to our podcast! Should you require additional information regarding the Protection of Personal Information Act, please contact...
Why is it important for your business to be B-BBEE Compliant?
The objective of B-BBEE is to correct the inequalities of the past by promoting meaningful economic participation of black South African citizens. Although entities cannot be forced to comply with the Broad-Based Black Economic Empowerment Amendment Act 46 of 2013 (B-BBEE Act) and the applicable Sector Codes, it is important to comply with the B-BBEE Act. The main reasons why it is important to be B-BBEE compliant can be summarised as follows: In order to engage with any government entity,...
FAQ – What is the impact of the new Bargaining Council for the Fast-Food Restaurant Catering and Allied Trades?
The new Bargaining Council (BC) came into effect on 18 January 2021. This Main Agreement will affect most Employers who previously fell under the Hospitality Sectoral Determination. (With some exceptions). This Council now establishes higher minimum wages and benefits and improved working conditions for employees engaged in the industry. Some noticeable changes are: • The introduction of a night shift allowance of R1.00 per hour;• A compulsory late-night travel allowance of R150 per month for...