POPIA’s impact on the processing of employees personal information
Processing of employees' personal information is a necessary function in every workplace. POPIA prescribes how companies should collect, store, and share such information to protect employees' privacy rights. Here are some fundamental POPIA principles to keep in mind: Be clear about why you need the information (‘the purpose’).Only collect the minimum personal information necessary for the intended purpose.Implement adequate technical and organisational security measures to safeguard...
Polygraph Testing in the Workplace: What Employers Need to Know
As an employer, maintaining a harmonious and productive workplace is essential for the success of your business. Unfortunately, there may be times when misconduct occurs, and you find yourself in the dark about who is responsible. This is where polygraph testing can become a potentially valuable tool for employers. Polygraphs can be used during the investigation phase to assist the employer in identifying the misbehaving employee. They may also be used during the subsequent disciplinary...
Employees Facing Criminal Charges Can Still Be Disciplined by Their Employers
Several workplace misconducts are also criminal acts. Two of the most apparent ones are theft and assault. When an employee is accused of one of these misconducts, it is common for employers to also lay criminal charges against the employee. This can create a dilemma for the employee, who may be concerned about incriminating themselves in the criminal case by giving evidence during the disciplinary hearing. The result is that employees often insist that workplace discipline be postponed until...
Shrinkage due to employee theft
Business owners often struggle with shrinkage, also known as stock loss. Although shrinkage itself is easy to prove, it is usually difficult to conclusively prove the cause of the shrinkage. Due to this difficulty in proving the guilt of individual employees, employers sometimes charge a group of employees with team misconduct. With team misconduct, the employer alleges that the blame for the misconduct is shared amongst a group of employees. The legal justification for this...
Resignation without notice: What are the employer’s remedies?
Introduction There is an increasing trend of employees that resign with immediate effect ignoring their legal obligation to give the employer notice. When an employee resigns, the employer has no choice but to find and train a replacement employee. The purpose of the prescribed notice period is to give the employer the time he needs to arrange a smooth handover process. An employee's resignation without notice may frustrate this process and make the employer feel helpless. The question is,...
A Proper Pre-Hearing Investigation Is Essential Before Disciplinary Action
Introduction When an employer dismisses an employee, they must prove the dismissal was fair. This means that the employer must have followed a fair procedure, and the employee was guilty of misconduct. Conducting a proper pre-hearing investigation is one of the most important steps in ensuring a fair disciplinary procedure. The investigation should be done to establish if there is an actual case against the employee. A pre-hearing investigation is, therefore, simply the process whereby...
The B-BBEE Draft Policy for the issuance of licences as per Section 22C of the Medicine Act has been published by SAHPRA.
The objectives of the policy are to integrate all the elements of B-BBEE into the relevant authority’s activities in relation to its function of issuing licenses as envisaged in section 22C of the Medicines Act. Stakeholders are encouraged to comment on the draft policy by 31 August 2023 on the SAHPRA website. Draft-B-BBEE-Policy-on-Issuance-of-Licences-22-June-2023Download Submissions may be directed to SAHPRA through the 'Contact Us' page on their website. Please click here for the link:...
Why disciplinary codes are essential for every business.
In South Africa, employers are legally required to have a disciplinary code. This code sets out the standards of conduct expected of employees and the consequences for breaches of those standards. A well-drafted disciplinary code can help employers to: Create a fair and consistent workplace. By having clear rules and procedures, employers can ensure that all employees are treated fairly, regardless of their position or seniority. This can help to create a more harmonious and productive...
Are you claiming back your SDL from SARS?
Does your business have an annual payroll of above R 500 000? If so, then every month, 1% of your payroll expenditure goes to SARS in the form of a tax called the Skills Development Levy (SDL). The SDL is a tax on employers in South Africa, that funds employee training and development programs. The levy is intended to help employers improve the skills of their workforce, which can lead to increased productivity and competitiveness. How do you claim back a part of this SDL from SARS? Claims are...
Skills Development for Youth Employment
Today, we're diving into an exciting topic about empowering the next generation of South African workers. We're talking about skills development for youth employment, and indeed, it is a real game-changer. So, my fellow South Africans, buckle up and get ready to be inspired. Finding employment can be as challenging as navigating a busy intersection during rush hour in this fast-paced world. South Africa has been grappling with high levels of unemployment, with the youth being one of the...