The POPI Act VS Disclosure of an individual’s COVID-19 status

Purpose of POPI: The Protection of Personal Information Act[1] (POPI) was promulgated and sets out guidelines for the lawful collection and processing of individuals’ personal information. This includes, amongst other any information relating to an individual’s well-being, medical status or whereabouts. COVID-19 Pandemic: On 15 March 2020, the president declared the COVID-19 pandemic a national disaster and a public health emergency which poses a risk to the well-being of each and every...

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A Step-By-Step Guide to the COVID-19: TERS Application Process

Following the national lockdown announced by the President on the 26th of March 2020, the government has made numerous benefit options available, in order to assist its citizens during the COVID-19 lockdown.  With confusing guidelines, employers and employees alike have been frantically trying to determine which of the benefits will be the most advantageous.     The processes applicable to each of the options have also changed frequently, especially with regards to the COVID19TERS benefit. The...

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Are parents liable for school fees during the lockdown period?

The President of the Republic of South Africa, Cyril Ramaphosa, declared the outbreak of the COVID-19 coronavirus a national disaster, invoking the Disaster Management Act[1]. [2]An assessment was done regarding the COVID-19 epidemic, and drastic steps were needed. Schools, in particular, had been identified as one of the biggest threats in terms of transmission of the COVID-19 epidemic. On or about 15 March 2020, it was announced that all schools be closed until 14 April 2020 or further...

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Have you submitted your WSP/ATR?

The outbreak and rapid spread of COVID-19 have caught everyone underprepared and uncertain on how to approach the lockdown period, the good news for SEESA Skills Training clients is that the majority of our client’s annual WSP (Workplace Skills Plan) and ATR (Annual Training Report) have been submitted by their Skills Development Facilitators, but if yours has not yet been submitted or you are unsure whether yours has been submitted there is still time to do so. The final submission deadline...

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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...

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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...

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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...

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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...

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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...

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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...

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