The Big Question in B-BBEE
Each entity participating in the Broad-Based Black Economic Empowerment (B-BBEE) process have asked the big question more than once: “Why must I participate in B-BBEE?” Business owners may find themselves questioning whether all the expenses, time and admin that accompanies the ongoing process of participating in B-BBEE are worth the effort? Owning a business in South Africa is very challenging, if we look at all the legislation that entities have to comply with and implement...
Strikes and picketing now regulated to avoid disruption and chaos
The previous era of strikes and picketing was earmarked by serious disruption of businesses and chaos as a result of unregulated picketing by striking employees due to a lack of regulation. Government has now amended the Labour Relations Act (LRA), issued a new Code of Good Practice on collective bargaining, industrial action and picketing and regulations, which will hopefully regulate these issues more effectively in order to limit the severe disruption and chaos which ensued during strikes...
Stakings en betogings (picketing) word nou gereguleer om ontwrigting en chaos te vermy
Die vorige era van stakings en betogings was gekenmerk deur ernstige ontwrigting van besighede en chaos as gevolg van ongereguleerde betogings deur stakende werkers weens ʼn gebrek aan regulering. Die regering het nou die Wet op Arbeidsverhoudinge (WAV) verander, ʼn nuwe Goeie Praktykskode vir kollektiewe bedinging, industriële aksie en betogings, asook regulasies uitgevaardig wat hopelik hierdie aangeleenthede meer doeltreffend sal reguleer, ten einde die ernstige ontwrigting en chaos wat in...
FAQ’S about Foreign Nationals working in South Africa
Who is a foreign national? A foreign national is any person is who not a national of the country in which he/she is residing. Who is a refugee? A refugee is a person who “flees “their country seeking protection in another country due to violence or harm which is taking place in their own country. Who may be employed? Any person who has a right to be in the Republic of South Africa and holds a valid work permit issued by the Department of Home Affairs. May I employee a Refugee? If a person has...
Dismissed because of religious observances
In the following case TDF Network Africa (Pty) Ltd v Faris (2019) 28 LAC 1.11.9, the employee referred to as Faris was employed as part of a graduate management program in 2011 and signed an employment contract in 2012. Faris said that she told the employer at the time of signing her employment contract that she was an Adventist and cannot work on the Sabbath, which was Saturday. She further stated in the case that she told one of the other managers that she could not work on a Saturday as she...
Prepaid service and CPA
Section 64 of the Consumer Protection Act, Act 68 of 2008 (CPA) provides that in the event that a consumer agrees to pay a once-off membership fee or an amount for access to services, in terms of which such services are provided at a date more than 25 business days after payment is made, such prepayment for services to be provided remains the property of the consumer until the full membership fee or amount has been used. In the event the facility that provides such services closes down, they...
Your recourse to unfair Government tenders
More often than not, we are told by clients that they don’t see why they should be Broad-Based Black Economic Empowerment (B-BBEE) compliant. They argue that it is an expensive process to become BEE compliant and they feel it is a worthless exercise and not worthwhile. If you have a good BEE scorecard to possibly qualify for tenders there are certainly prospects in exploring tender opportunities. To eliminate the unfairness of the awarding of tenders, companies should know that they have...
Getting Smart With Enterprise & Supplier Development
It is important to ensure that you have your Enterprise & Supplier Development in place for your Broad-Based Black Economic Empowerment (B-BEE) verification. Under the Codes of Good Practice generic scorecard, you are able to obtain 5 points under Enterprise Development and 10 points under Supplier Development. This is 15 points that can be guaranteed if you comply with the requirements. The first requirement is that the Enterprise, as well as the Supplier Development Beneficiary,...
Performance of duties – Who’s “work” is it?
An employee is appointed to perform certain tasks and to provide required results in exchange for remuneration. Original creation and/or work in any form and the rights the author have over that work is referred to as intellectual property. Intellectual property is protected by copyright or patent or other rights. The rights to intellectual property generally vest in the author thereof. So, how does it work if an employee creates something original during the performance of duties, is the...
Allegations Of Racism Is Racist In Itself
South Africa has a well-documented history of inequality and discrimination based on race. In an effort to correct the past injustices, the Constitution provides protection through the Bill of Rights which specifically dictates in Section 9 that no person shall be discriminated against based on race, among other listed grounds. As a result, the Employment Equity Act was adopted in order to give effect to this fundamental human right. It quickly became apparent that in the new dispensation, no...