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...
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
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...
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...
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...
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...
Bou ‘n (kits) verhouding met jou kliënt.
Inleiding Maya Angelou het gesê, “Mense sal vergeet wat jy gedoen het, maar hulle sal nooit vergeet hoe jy hulle laat voel het nie.” Ten spyte van al die tegnologiese vordering en outomatisering doen ons steeds besigheid met mense, so op die einde van die dag kom dit neer op interpersoonlike verhoudings en om ‘n ware band met jou kliënt te skep. Eerste Indruk Die probleem met ‘n eerste indruk is dat ons slegs een kans kry. In meeste gevalle is die eerste indruk die eerste treë om ‘n verhouding...
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...