RELIEF SCHEMES – Don’t be confused
Can an Employer pay salaries and claim back from UIF? Media reports with regard to the payment of employees by employers during the lockdown period and thereafter claim it back, may cause grave confusion. In an article dated 24 March 2020 by FIN24, it was suggested that employers should pay their employees and will then be able to claim this back from UIF. Congress of South African Trade Unions Parliamentary Coordinator Matthew Parks told Fin24 the discussion at Nedlac was regarding a...
Employees that perform an Essential Service
LOCKED DOWN!!! It’s certainly a hard-hitting reality now. We wake up to our new alternative reality, attempting to negotiate being confined to our humble abodes, working from home and the constant distraction of our children’s needs. As a father of two toddlers, I have a newly acquired respect for nursery school teachers! However, whilst we are in lockdown, it is important to note that most businesses are likely to cease operations, or at the very least are at a diminished capacity. Many will...
COVID-19, the reason for the cancellation of reservations/bookings
Unless otherwise informed by the authorities that be, the cancellation procedures set out in the Consumer Protection Act still applies to cancellations of reservations/bookings made in advance. There has been uncertainty in the hospitality industry when it comes to the COVID-19 pandemic with business owners not knowing where they stand and not knowing the options available to them as a result of such cancellations. It is clear that Section 17 of the Consumer Protection Act states that a...
COVID19 – Practical Guide for Employers during the lockdown
On 23 March 2020, President Cyril Ramaphosa took a drastic and unprecedented step by declaring a nationwide lock-down set to begin at 23h59 on Thursday and end on 16 April 2020 in an attempt to curb the spread of the novel coronavirus. Who will be affected? The lock-down will affect everyone and nobody will be allowed to leave their homes for 21 days, unless under strictly controlled circumstances as indicated by the President. An exception applies to people working in the essential...
Understanding the recognition of Third-Party Procurement
In terms of the B-BBEE Codes, the preferential procurement element encourages procurement from suppliers that have a valid and compliant B-BBEE Certificate. It is, however, necessary to consider the treatment of third-party procurement spends. A third party is a person who is indirectly involved in a transaction between two parties or entities but is not the principal party to the transaction. An example of third-party procurement would be as follows: Entity A is the airline; Entity B is the...
IMPORTANT NOTICE TO ALL SEESA CLIENTS
Dear SEESA client, COVID-19 It has always been at the core of SEESA’s values to look after the interests of the employers of South Africa. The ongoing global spread of the Coronavirus will have an impact on each and every business in South Africa. In a statement on 15 March 2020, President Cyril Ramaphosa, clearly stated the severity of the threat the Coronavirus poses to our country, as well as the role business need to play in protecting our employees, our clients and our communities. SEESA...
The first offender for gross negligence may be dismissed
Negligence can be described as “the culpable failure to exercise the degree of care expected of a reasonable person with the skill, qualifications and experience comparable to that of the accused employee”. This usually takes the form of omission but can also flow from some form of action taken by the employee. Employers are often faced with instances of negligence where an employee “forgot” to do something which has no real effect on the business. Managers will often not discipline for this...
The Coronavirus and the effect thereof in the workplace
Now and again, a pandemic takes the world by storm. From the “Spanish Flu”, the 1918 influenza epidemic to the more recent swine flu outbreak of 2009. Each brought with it its hysteria and pandemonium. The present-day cause of great concern and panic that has taken over the world at large and remains a hot topic on everyone’s lips, is the Covid-19 disease, more commonly referred to as the Coronavirus. The purpose of this article is not to deal with the medical aspects of the virus...
The importance of communicating possible risks and injuries to Consumers
In terms of the Consumer Protection Act 68 of 2008 (hereinafter referred to as “the Act”) it is important that consumers are provided with sufficient information relating to the specific nature of services being provided. This includes being informed of the possible risks and dangers if the manner of service delivery requested is not according to the service provider’s recommendations or industry standards. In the circumstances, if the services being requested or products fitted and/or...
Organisational rights in the workplace
The question often arises from employers is whether the employer has any rights in terms of the Labour Relations Act (LRA), to deny a registered trade union access to the workplace? Before looking at what rights the employer has, we need to look at the definition of ‘workplace’. The general rule is that all places where employees of an employer work constitute a single workplace. Only when an operator operates independently of the others does it constitute a separate workplace. In South...