The validity of a mutual separation agreement
Due to an increasing backlog at the CCMA and packed Court rolls, parties in a working relationship is encouraged to resolve their own labour disputes and to not make use of formal dispute resolution mechanism. This can be done by entering into a voluntary written settlement. Such a settlement agreement usually determines that the matter is settled in full between the parties and that the employee cannot approach the CCMA with unfair dismissal or unfair labour practice claim. However, this does...
B-BBEE AND FINANCIAL PLANNING
It is always important for a business to keep their B-BBEE up to date, not only by having a valid B-BBEE Certificate but also by doing the necessary financial planning and budgeting for the renewal of the B-BBEE certificate. Most entities have a February financial year-end which means that they are in the middle of the current financial year. Keeping this in mind it is important to plan and ensure that the correct amounts spend on the following B-BBEE elements: Skills Development;Enterprise...
B-BBEE knowledgeable about the new amendments.
The department of Trade and Industry (DTI) published notice 306 of 2019 Amended Code Series 000, Statement 000 in terms of Section 9 (1) of the Broad-Based Black Economic Empowerment Act 2003, (Act No. 53 of 2003) as amended by Act 46 of 2013 for implementation within 6 months from date of Gazette and replace Amended Code Series 000, Statement 000 within Gazette 36928 with the following Amended Code Series 000, Statement 000. The basis for measuring B-BBEE initiatives under the Codes is the...
How does the employer prove a case of derivative misconduct in the workplace?
Do employers understand the complexities involved in proving a case of derivative misconduct against an employee in the workplace? This article shall serve as a reminder that any employee who becomes aware of wrongdoing in the workplace, which wrongdoing can adversely affect the employer, and who fails to disclose such knowledge to their employer, can face disciplinary action for having breached his or her duty to act in good faith. Employers ought to keep in mind the difficulties involved...
Vicarious Liability and or Liability under the Consumer Protection Act for the medical practitioner.
Vicarious liability may in general terms be defined as “the strict liability of one person for the delict of another”. Initially foreign to South African law, vicarious liability had been borrowed from English law. Regardless of the basis of vicarious liability, it is now well established that one person can be vicariously liable for the damage caused by another. Remember, according to the fault theory the wrongdoer had to act with fault, either intent or negligence, in order to incur...
Rasse-beledigings in die werkplek
Kan ‘n werkgewer verantwoordelik gehou word vir rassistiese opmerkings wat deur ‘n kliënt gemaak is teenoor ‘n werknemer? Hierdie vraag moes deur die Arbeidshof beantwoord word in die saak van Shoprite Checkers (Pty) Ltd v Samka en andere [2018] 9 BLLR 922 (LC). Die werknemer het beweer dat daar teen haar gediskrimineer is op grond van ras nadat sy deur ander werkers van die werkgewer waar sy werk, geboelie, geviktimiseer en getreiter is. Sy beweer ook dat ñ kliënt rassistiese...
Racial insults in the workplace
Can an employer be held liable if a customer utters racial remarks towards one of its employees? This question had to be answered by the Labour Court in the case of Shoprite Checkers (Pty) Ltd v Samka and others [2018] 9 BLLR 922 (LC). The employee claimed that she had been discriminated against on the ground of race by being bullied, victimised and harassed by the staff of the store at which she worked. She also claimed that a client made racist remarks to her and that management...
Annual leave; payment details are often overlooked.
Section 20 of the Basic Conditions of Employment Act sets out the usual conditions regarding annual leave, (accumulation rate of annual leave, leave cycle, expiry of leave etc.) however many employers often overlook the conditions set out regarding the payment thereof and are under a misconception of what is legally expected from an employer. Section 21 of the Basic Conditions of Employment Act sets out the following: Pay for annual leave 21. (1) An employer must pay an employee leave pay at...
Misconduct and the fault element:
What is fault and how does it relate to workplace discipline? While I often hear the word fault thrown around by employers and employees at many of the hearings I chair, I am often surprised by the lack of a clear understanding that most persons have of the term. Discipline and eventual dismissal through misconduct are often referred to as fault-based processes and enquiries. This means that before an employee can be said to be guilty of an offence, the employer is required to establish,...
Breezing through Skills Development Solutions for B-BBEE
Due to the increased importance of the Skills Development Element (now being a priority element), more and more clients are looking at Learnerships as a possible solution. However, it became clear that clients were not entirely comfortable with the details. The following presentation will briefly explain the WHAT and WHY of Learnerships. Get Started