Incidental Consumer Credit Agreements Could Place Your Company At Risk
The Consumer Protection Act[1] (hereinafter referred to as the “CPA”) aims not only to promote a fair, accessible and sustainable marketplace for consumer products and services in order to establish norms and standards for consumer protection but also to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. Incidental consumer credit agreements are examples of such consumer transactions and agreements by which the CPA aims to provide...
Episode 50: What Is A Medical or Ill Health Incapacity?
In today's episode, SEESA law experts, Bruce Roko and JG du Plessis explain the concept of a medical incapacity and the procedures related to such a process. Permanent incapacity arising from ill-health or injury is recognised as a legitimate reason for terminating an employment relationship and thus an employer is not obliged to retain an employee who is permanently incapacitated if such employee’s working circumstances or duties cannot be adapted. A dismissal would, under such circumstances,...
Intentional Or Reckless Interference With Health And Safety Measures
(Failure to wear your facial mask in the workplace during the COVID-19 pandemic). During the course of 2020, employers, employees and the whole of South Africa was confronted by the worldwide COVID-19 pandemic. Various rules and regulations came into effect, including the requirement of using a facemask and to adhere to strict social distancing at all times. In the workplace, the employer may frequently be confronted with situations where employees fail to wear their necessary personal...
Did You Know? – All TERS Applications For July–15 September Will Be Closing On The 30th Of October 2020.
Attention all Employers. All TERS applications for July–15 September will close on the 30th of October 2020. To find out how SEESA can help your business visit our website for more: https://bit.ly/37CqKBa "SMS" the word "SEESA" to 45776 with your query and a professional Legal Advisor will contact you!
Post-Lockdown Retrenchments: Does This Make Provision For Disabled Workers?
When a company is looking at possible retrenchments, the retrenchment must be substantively and procedurally fair. Substantive fairness refers to the reason for retrenchment and procedural fairness to the procedure to be followed i.e. consultation. The most common reason for retrenchments usually stems from either closure of business, loss of a contract or decrease in sales. The employer must show that retrenchment is the only/last option. Part of procedural fairness when the decision has been...
Did You Know? – The New Gazetted COVID-19 Direction On Health And Safety In Certain Workplaces, published 1 October 2020 replaces the Direction on Health And Safety in Workplaces issued on 4 June 2020
Some of the changes include that an employer who employs 50 staff members or more must submit a risk assessment policy, together with a written policy concerning the protection of health and safety of its employees from COVID-19. Previously this was only applicable to employees who employed 500 employees or more. To download the new OHS October Directives Guide SEESA Clients can log in to ProFile and navigate to the COVID-19 tab on the dashboard. To find out how SEESA can help your business,...
Bargaining Councils
What is a Bargaining Council? A Bargaining Council can be established by either one or more Employers Organisations or Workers Unions. They must be registered under the Labour Relations Act for a specific sector or industry. A list of registered Bargaining Councils can be found on the CCMA or Department of Labour website/s for ease of reference. As mentioned these Bargaining Councils are not only limited or restricted to a specific industry, but also by the type of matters as well as disputes...
Episode 49: The Importance And Benefits Of Implementing Training In An Organisation
Skills Development Facilitators, Serisha Moodley and Janet Burger Combrinck discuss the importance of implementing training in an organisation and the benefits thereof to employees and the organisation as a whole. They introduce ProFile, an online employee management system where members can access the SEESA courses available. They also advise on the new COVID-19 related training made available through SEESA Skills Training. Click play to listen to our podcast! Contact your SEESA Skills...
Can The Usage Of A vehicle be deducted from the refund?
It would be a common cause to deduct usage of a vehicle from the refund, but what happens when you are confronted with two sections that elaborate two different approaches? In Section 20(6) of the Consumer Protection Act 68 of 2008, it is clear that as per (6) (b) (i) the supplier may charge the consumer a reasonable amount for use of the goods during the time they were in the consumer’s possession. In the alternative, Section 56 refers to a “no-fault clause” whereby the consumer may cancel...
Did You Know? – Retrenchment Packages Can Be Paid In Instalments Rather Than A Once-off Payment
During the finalization of a retrenchment process, the employer can reach an agreement with the affected employee(s) to rather pay the retrenchment package(s) in instalments than paying it as a once-off. This will result in a financial relieve for both the employer and the employee(s) since it will not be a heavy financial burden on the employer by paying the packages(s) as a once-off and the employee(s) will still receive an income for a couple of months, depending on the terms of the...