Trade Coupons and similar promotions
In terms of the Consumer Protection Act, a promotional offer means an offer or promise expressed in any manner of any prize, reward, gift, free goods or services, price reduction or concession, enhancement of quality of quality of goods or services, irrespective of whether or not acceptance of the offer is conditional on the offeree entering into any other transaction. It should be noted that a person must not make a promotional offer with the intention of not fulfilling it at all, or,...
VALIDITY OF B-BBEE CERTIFICATES
The sub-element Preferential Procurement is important as points are awarded based on procuring from companies having good B-BBEE ratings. On most scorecards, it is noticeable that a large number of points are allocated to the sub-element Preferential Procurement. Therefore, the person/s appointed to collect suppliers B-BBEE certificates and/or sworn affidavits must ensure that the information received is correct. Below are some guidelines to assist your company when claiming points for the...
‘Big Data’ explained
Big Data can be described as “representing the information assets characterized by such a high volume, velocity and variety to require specific technology and analytical methods for its transformation into value.” If we take Big Data and combine it with artificial intelligence and facial recognition, it has the ability to intrude on people’s lives on a considerable scale. One’s right to privacy has become a pressing human rights issue worldwide. Social media is being utilized by industries and...
The Fearful Witness who holds crucial evidence
A guide to in-camera proceedings. Intimidation and threats are common in the industrial sphere in South Africa. These actions often come about after serious misconduct is alleged to have been committed - dishonesty, unprotected strikes etc. Employees not only have to work in close conjunction with one another but often live close to each other and use the same transport home. Therefore, it is understandable when an employee is too frightened to testify in a hearing. An Employer cannot compel a...
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...
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 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...