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,...
The B-BBEE Certificate Portal
A step in the right direction to oust fraudulent/fake B-BBEE Certificates The advent of the B-BBEE Certificate portal comes as a breath of fresh air to the public, business owners and governmental organisations to weed out fake and fraudulent B-BBEE Certificates. The flagship B-BBEE Certificate portal that was introduced by the Department of Trade and Industry sadly closed their online platform on the 30 April 2013. Much to the delight of Registered Approved Auditors and Accredited...
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
Duties and Responsibilities of the Information Officer
The Protection of Personal Information Act 4 of 2013 (POPI) which was signed into law on the 19th of November 2013 introduces the definition of an “Information Officer” as: “of, or in relation to, a – Public body means an information officer or deputy information officer as contemplated in terms of Section 1 or 17, or Private body means the head of a private body as contemplated in Section 1 of the Promotion of Access to Information Act.” The POPI Act further describes the duties and...
Wysigings tot die Kodes van Goeie Praktyk
Op die 31ste Mei 2019 is die volgende wysigings tot die Kodes vir Goeie Praktyk deur die Departement van Handel en Nywerheid gepubliseer in Gazette 42496: Skedule 1 van die Gewysigde Kodes van Goeie Praktyk;Gewysigde Kode Reeks 000, Verklaring 000;Gewysigde Kode Reeks 300, Verklaring 300;Gewysigde Kode Reeks 400, Verklaring 400; Die volgende is net sommige van die veranderinge wat ‘n effek op u Breë Basis Swart Ekonomiese Bemagtiging (BSEB) gradering. Eerstens is dit belangrik om daarop te let...
Amendments to the Codes of Good Practice
On the 31st of May 2019 the following amendments were gazetted by the Department of Trade and Industry (DTI) in Gazette 42496: Schedule 1 of the Amended Codes of Good Practice;Amended Code Series 000, Statement 000;Amended Code Series 300, Statement 300;Amended Code Series 400, Statement 400 The following is just some of the changes that will have an effect on your Broad Base Black Economic Empowerment (B-BBEE) Rating. Firstly, the definition of Absorption has been amended. The new definition...
Building an (Instant) relationship with your customer
Maya Angelou said, “People will forget what you did, but people will never forget how you made them feel.” Despite all the advances in technology and automation, at the end of the day, we are doing business with people, so it all comes down to interpersonal relationships and to establish a real connection with your customer. First Impression The problem with a first impression is that you only have one go at it. The first impression is usually the first step in building rapport and...
Toestemming binne die konteks van die Wet op die Beskerming van Persoonlike Inligting, 4 van 2013
Die basiese konsep van toestemming, en sy hoofrol as 'n potensiële wettige regverdigingsgrond vir die prosessering van persoonlike inligting, is 'n konsep wat grootendeels verkeerd verstaan word as 'n eenvoudige aksie om 'n datasubjek te kry om “ja” te sê. Dit is belangrik om daarop te let dat die konsep van toestemming regdeur die Wet op die Beskerming van Persoonlike Inligting (die Wet) voorkom. Die Wet definieer "toestemming" as: "Enige vrywillige, spesifieke en ingeligte...
Consent within the context of the protection of personal information act, 4 of 2013
The basic concept of consent and its main role as a potential lawful basis for the processing of Personal Information is a concept that is widely misunderstood as a simple matter of getting a data subject to say “yes”. It is important to note that the concept of consent is found throughout the Protection of Personal Information Act (the Act). The Act defines “consent” as: “Any voluntary, specific and informed expression of will in terms of which permission is given for the processing of...
Employer’s responsibility when it comes to sexual harassment in the workplace
Chapter 5 of the Employment Equity Act 55 of 1998 (hereinafter called EEA) provides that every employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. Section 6 provides that no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or...