Verdediging Sektor Kode
Die nuwe Verdediging Sektorkode is gepubliseer op 9 November 2018 deur die Departement van Handel en Nywerheid. Hierdie Sektorkode het dan ook met onmiddellike effek in werking getree vanaf die datum van publikasie. Hierdie Sektorkode sal van toepassing wees op alle entiteite in die Suid-Afrikaanse Verdediging Industrie (SAVI) en sluit in Nasionale of Provinsiale Departemente, Staatsorgane, Publieke Entiteite asook private entiteite wat verdedigingsmateriaal en/of enige ander voorraad,...
Wanneer sal die ECTA van toepassing wees?
Die inwerkingtreding van die Wet op Elektroniese Kommunikasie en Transaksies 2002 (hierin verwys na as die ‘ECTA’) bevat ‘n paar aspekte wat in ag geneem moet word wanneer webwerwe vir besighede geskep word en wanneer elektroniese transaksies aangegaan word. Transaksie (ECTA definisie): “‘n transaksie van kommersiële of nie-kommersiële aard, en sluit in die verskaffing van inligting en e-regering dienste“. Waar ‘n elektroniese transaksie gesluit word, sal die ECTA op daardie transaksie van...
Consequences of disregarding picketing rules
The retailer Dis-Chem has made headlines with a worker strike that resulted in the Labour Court barring union members from picketing and protesting outside the retailer's stores until 27 February 2019. This ruling made a statement on the transformation of collective bargaining in South Africa. Labour laws in practice The right to picket can be traced back to Section 17 of South Africa’s Constitution (1996) which provides that everybody (strikers and their supporters) has the right to collect,...
A better understanding of Incompatibility
Incompatibility is a term that is rare, vague and uncertain in our law as it is not mentioned as a possible ground or reason for dismissal in terms of Section 188 of Labour Relations Act 66 of 1995 (LRA). According to Christianson (2002: 163), incompatibility has been defined as the inability on the part of the employee to work in harmony within the corporate culture of the business or with fellow employees (1994: 285-6). Grogan (2003: 277) similarly defines incompatibility as follows:...
SED Contributions in the Agricultural Industry
Entities that fall under the scope of application for the Agricultural Sector Codes are required to provide sector specific contributions as part oftheir Socio Economic Development (SED) initiatives. The contributions must tobe related to the Agricultural Industry (refers to the combination of FarmingEnterprises and Agri-business Enterprises). Both Generic Entities(Turnover that exceeds R50 million) and Qualifying Small Enterprises (turnover that is below R50 million) have to comply with the...
Proving Your Case: Know Your Elements Of Misconduct
Proving an employee’s guilt to a specific offense is like baking a cake: If you don’t put in the right ingredients, the cake will flop. To know which ingredients you must put in, you must have a recipe, which tells you exactly what, and how much off a certain ingredient is needed. Similarly, in the Labour Law, a specific misconduct requires specific elements to be proven to find an employee guilty on a balance of probabilities. Therefore, if an employer does not know what the specific...
Yes To Y.E.S Initiative
The Youth Employment Services (Y.E.S) initiative was gazetted on 28 August 2018 with an accompanying practice note on 12 October 2018. This initiative will be run and monitored by the Yes-4-Youth non-profit organisation. Should an entity wish to implement and take part in the Y.E.S Initiative they need to register on the Yes-4-Youth website at: www.yes4youth.co.za. If you do not register on this website you will not be able to claim the enhancement for your Broad – Based Black Economic...
The Right To Deny An External Representative At A Disciplinary Hearing
Item 4 of the Code of Good Practice: Dismissal, contained in Schedule 8 ofthe Labour Relations Act (LRA), deals with some of the key aspects ofdismissals based on misconduct. More specifically, The Code of Good Practicestates the following: “The employer should notify the employee of theallegations against him, allow the employee a reasonable opportunity toprepare, to state their case in response to the allegations and that theemployee should be entitled to the assistance of a trade...
When Do You Lose Your Right To Sought Relief?
As per Section 56 of the Consumer Protection Act 2011 (CPA), a consumer, as defined in the CPA, has the right to a refund, repair or replacement of goods. This is only up to a certain point. This right may only be exercised within 6 months of the date of transaction and if the goods are of inferior quality, unsafe or defective. What can be done in the event of a vehicle break-down within 6 months of purchase? In terms of the CPA, a consumer’s first step in resolution is to attempt to resolve...
Consumers Rights When It Comes To Direct Marketing
We have all received the unwanted unknown caller phone calls and answered it thinking “what if it is an emergency of a family member etc.” only to be pestered by the unwanted direct marketing calls. These days, one can install an application on your mobile, to identify spam and/or marketing calls, but it seems that the marketing companies have multiple numbers from which they phone and all of them have not been blocked on these applications. There are a few things that you should know as a...