Episode 46: How To Legally Dismiss An Employee?
We often get requests from businesses to assist with dismissing employees immediately. It is however not that simple. There are only three grounds in terms of which the termination of employment will be legitimate. In today's podcast, SEESA Legal Advisors, Carla Theron and Stefan Tickner discuss the requirements and the procedures to be followed for a dismissal to be fair. Click play to listen to our podcast! Need assistance with dismissals? Contact your nearest SEESA office, alternatively...
The Misconception About Fixed Term Contracts
Much like the COVID-19 pandemic, the misconception that employers can hold their employees to successive fixed-term employment contracts is going nowhere in a hurry. Legal Advisors often hear one or more of the following scenarios: The employer wants to see if the employee is the ‘right fit’ for the workplace;The employer wants to see if the employee is truly capable of performing the job that he/she was hired for; and most oftenThe employee’s performance is not up to standard, therefore...
FAQ – If An Employee Works For Two Companies, Can TERS Be Claimed For Both Companies?
Technically, both employers should be able to claim TERS for the same employee for the portion of remuneration each paid to the particular employee. Unfortunately, the TERS system works on the employee’s ID number. If a second employer want’s to register for a claim on the same ID number, the system will reject the registration. To find out how SEESA can help your business visit our website for more: https://bit.ly/331N30e
Did You Know – You May Still Need a B-BBEE Certificate Even If Your Annual Turnover Is Under R10million
In some cases, although your annual turnover is under R10 million you may still need a B-BBEE certificate and will not qualify for a B-BBEE affidavit? Depending on the specific industry that your business operates in, different B-BBEE sector codes will apply which have different requirements and obligations which would vary the turnover threshold for when you would qualify for an affidavit or whether you will need to be formally scored on the relevant B-BBEE scorecard and obtain a formal...
The Obligations Of Employers Regarding Substance Addiction And Abuse In The Workplace.
Employers are often faced with employees being addicted to drugs or alcohol while in employment. What are their responsibilities toward those employees and how should the problem be handled? Alcoholism and substance dependence is a kind of incapacity and not misconduct There are several South African Acts legislating how addiction and abuse should be handled in the workplace: The Constitution of the Republic of South Africa (108 of 1996);The Prevention of and Treatment for Substance Abuse Act...
Episode 45: The Supplier’s Obligation To The Consumer In Terms Of Good Quality Goods And Services
In this podcast, SEESA Consumer Protection & POPI legal advisors, Carmen Ronne and Ashlin Naidoo discuss the consumer's rights to safe, good quality goods and the impact thereof for suppliers when dealing with the implied warranty in terms of Section 55. Further to this, they also discuss the impact of returns in terms of Section 20. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business with its terms and conditions or any CP/POPI related queries....
Important Notice: The new dates for COVID-19 TERS
Important Notice: The new dates for COVID-19 TERS- Applications for March 2020 to May 2020 shall close on 25 September 2020, and no further applications for that period shall be accepted beyond that date.- Applications for June 2020 shall close on 15 October 2020, and no further applications for that period shall be accepted beyond that date.- Applications for July to 15 September 2020 shall close 30 October 2020, and no further applications for that period shall be accepted beyond that date....
The Impact of Employment Equity on Your Business
We live in one of the most diverse countries, culturally, racially, and economically. Therefore, it is expected from each designated employer to draft, outline and implement an Employment Equity Plan. Employment Equity is the law that promotes equity in the workplace, through achieving equality, by eliminating unfair discrimination and implementing transformation, as well as keeping in mind that all candidates need to be suitably qualified according to the inherent requirements of the job....
FAQ – What Is The Minimum Allowed Period For Maternity Leave?
Every female employee is entitled to at least 4 months of maternity leave. It may be shorter if the employee agrees to take less than that. The employer may however not allow or require the employee to work within the 4 weeks before the date of delivery. An employer may also not allow or require the employee to return to work within at least 6 weeks after the date of delivery. The minimum period of maternity leave would therefore be at least 10 weeks. To find out how SEESA can help your...
Disciplinary Hearing – Do I Have A Case?
I have seen on numerous occasions how employers couldn’t prove a case because they don’t know what evidence they may use in a disciplinary enquiry. Employers don’t investigate the incident well enough and often don’t have answers when confronted with questions regarding facts in a disciplinary hearing. This often leads to a case being lost by the employer. Part of knowing whether you have a case against an employee is to advise your disciplinary code. Measure the employees conduct against the...