What is the Rand value of an employee’s annual leave?
Understanding how to calculate the value of an employee's unused annual leave in Rand can be confusing for some employers. This can often lead to disputes when an employee leaves the company. The calculations and examples below are based on the Basic Conditions of Employment Act. Accrual of annual leave for employees working 5 days per week These employees should get 15 working days of annual leave, which adds up at 1.25 days per month. Accrual of annual leave for employees working 6 days per...
Understanding Incitement in the Workplace
What is incitement? The definition of incitement in terms of labour law was affirmed in the case of Albion Services CC v CCMA (2013) ZALCD 12, where the court held that the test for incitement is whether the employee had the intention to reach and sought to influence the minds of his/her fellow employees. The court further held that the means adopted by the employee to incite the other employees are of second importance. Must the other employee be aware that their actions are unlawful? In...
What is a Business Incubator and How Can it Improve Your BEE Rating?
Your business may be struggling to meet clients' demands for a specific BEE level. Adding to this stress is the worry that failing to score well on the priority elements could prevent you from achieving the required BEE level. This situation can quickly turn BEE compliance into a barrier to your business's growth. But it doesn't have to be that way. One key priority element, Enterprise and Supplier Development (ESD), carries substantial weight. When managed correctly, ESD can significantly...
Landmark Ruling Redefines Workplace Cannabis Policies
In a groundbreaking decision, the Labour Appeal Court reversed the Labour Court's ruling in Bernadette Enever vs. Barloworld Equipment, setting a new precedent that challenges the extent to which company policies can intrude into employees' private lives. The employee’s services were terminated after repeatedly testing positive for cannabis in her system. The employee, who used cannabis to manage severe anxiety, argued that her consumption, which occurred outside of work hours, did not impair...
In the Nick of Time?
Business Rescue is a Lifeline for Financially Distressed Companies – But Timing is Everything In the wake of increasing economic pressures and unforeseen global crises, the concept of Business Rescue emerged as a source of hope for companies teetering on the brink of financial collapse. With a noticeable uptick in applications for business rescue reported by the Companies and Intellectual Property Commission (CIPC), it's clear that this mechanism is being recognised not as an admission of...
Is your business in Road Freight or Logistics?
The National Bargaining Council for Road Freight and Logistics Industry (NBCRFLI) is a compulsory Bargaining Council, which means that even if your Company contains one truck that carries, transports and stores freight for transport for reward, your Company does need to go through the process of registering with the NBCRFLI. What is Road Freight? Road freight is cargo movement between two places (a place of loading and a place of unloading) using power vehicles via a road...
Data Processing Agreements: Your Essential Guide.
At the core of POPIA's principles lies a fundamental distinction between two essential entities: The Responsible Party and an Operator. This distinction clearly outlines each party's roles, obligations, and responsibilities in upholding data protection standards and safeguarding individuals' privacy rights. The Responsible Party (usually a public or private business) will set out the purpose of the processing activity, and the Operator (sub-contractors, agents, suppliers,...
The perfect storm
If you have Domestic Employees working in and around your house, and you are also a parent as well as a pet owner, things can get a bit tricky when trying to maintain a calm household without incident. We live in a world where the idea of a “perfect environment” sometimes feels more like a ‘perfect storm’, it’s considered wise to be prepared for anything, even if those preparations must include a solution for when your Great Dane has an off day and decides to take it out on the gardener, who...
The BCEA protection band is expanding as the earnings threshold is increased.
From 1 April 2024, the threshold will increase to R254,371.67, up by R13,261.08 from its current level. This effectively means an employee earning more than R21,197.64 monthly will earn over the threshold. What does this mean for you and your workforce? Firstly, what is this earnings threshold all about? It's a crucial determinant outlined in section 6(3) of the Basic Conditions of Employment Act (BCEA). This figure dictates which provisions of the BCEA, the Labour Relations Act (LRA), and the...
DON’T SKIP ‘LEG DAY’ | FLEXING YOUR BUSINESS’ IP FOR A FITTER BOTTOM LINE
Neglecting the value of the Intellectual Property (IP) in your business enterprise is just like skipping leg day at the gym - a cardinal sin that can leave your business' growth wobbly and unbalanced. Intellectual property protection is the reward for all the hard work that you put into creating a distinctive and competitive product or service. And commercialising that IP reward not only adds value to your brand but could also potentially contribute significantly to your bottom line. How...