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,...
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...
Selling Your Car – What does the CPA Say?
The introduction of the Consumer Protection Act 68 of 2008 (CPA) has brought about a lot of confusion in the second-hand goods industry, in particular, second-hand vehicles. In this article, we will look at how the court assessed the impact of the CPA on second-hand vehicle sales in the case of Ncc Vs Western Car Sales Cc T/A Western Car Sales (2017). Ms Van Lil purchased a second hand vehicle with high mileage, which started exhibiting problems a week after purchase. Western Car Sales CC t/a...
Interesting Changes to the Future of B-BBEE
On 29 March 2018 the minister of Trade and Industry announced another amendment to the amended codes of good practice. As it stands, EME and QSE entities which is at least 51% Black Owned or even 100% Black Owned qualifies for an automatic level 2 or 1 when their turnovers respectively does not exceed R10 million of R50 million per annum. They are thus exempt to comply on the rest of the 4 elements bases on their ownership percentage. The new announced amendment gives to all generic...
The Commencement Of The Employment Relationship
There may be confusion as to when the employment relationship between the employer and the employee actually commence. The confusion is more around whether the employment relationship is being established at the undersigning of the employment contract, the offer of employment made to the applicant or the appointment letter issued by the employer. However, the question remains as to when this employment relationship actually commences. The definition of an employee according to the Labour...
Can Businesses Choose Between Compliance With GDPR Or POPI?
While the Protection of Personal Information Act (POPI Act) was enacted as far back as 2013, many people are left to speculate as to when the commencement date shall be, as the one year grace period starts to run from the time of commencement thereof. As if this waiting game isn’t the cause of sufficient frustration with the provisions of the POPI Act, individuals, employers and business owners alike now have to become acquainted with the General Data Protection Regulation (GDPR) in order to...
Definition Of Small Businesses Revised
The government’s commitment to place Small, Medium and Micro Enterprises (SMME) and Co-operatives at the center of economic growth and job creation has been given a long awaiting boost by key amendments to the National Small Enterprise Act 2004 (Act no 29 of 2004). The definition of a “Small Enterprise” has been amended now by the deletion of the words, “very small” from the previous definition. The schedule to the Act and definition has also been amended the exclusion of the “very small”...
Double Jeopardy – When Can Employers Have Two Bites Of The Cherry?
An overview of circumstances permitting fair deviation from the principle of double jeopardy Double jeopardy is the generally accepted principle adopted from criminal law and applied in employment law, that dictates that an employee cannot be disciplined twice for an offence which he / she has been found guilty or acquitted of. The standard to which employers are held in convening disciplinary enquiries is that of fairness, which is to be viewed from the perspectives of both employers and...
Five things you can do today to improve your business’s HR function
#1: Sort out your employment contracts Ensure you have a proper and relevant employment contract on record for each employee in your service. #2: Back up your data and files to the cloud If you don’t already have one, you must get a proper cloud-based storage solution for all your HR documentation, employee misconduct records, personnel files, and other administrative records. #3: Add a careers@yourbusiness email address to your website footer A simple step such as a dedicated...
POPI Regulations: Consent to direct marketing
The Information Regulator has tabled the Protection of Personal Information (POPI) Regulations in Parliament on 03 December 2018 and the Regulations were published in the Government Gazette on 14 December 2018. The new POPI regulations have an impact on processing personal information for the purpose of direct marketing. Regulation 6 stipulates that a responsible party who wishes to process personal information of a data subject for the purpose of direct marketing by electronic communication,...