Episode 97: When Do I Charge An Employee With Insolence Or Insubordination?

In this podcast, SEESA Legal Advisors, Dieter Heydenrych and Yolande Iversen discuss the differences between insolence and insubordination and the requirements to charge employees with the proper class of offence. Insolence can be seen as the disrespectful attitude of an employee towards any superior, whereas insubordination requires the employee to have refused a lawful and... Read More

Labour, LATEST, Podcast

October 18, 2021

The GDPR And Businesses In South Africa

Trying to understand what GDPR is all about? Simply put, the GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals. The GDPR (General Data Protection Regulation) not only applies to businesses within the EU, but also to businesses outside the UN if such a business offer... Read More

Consumer Protection & POPI, LATEST

October 17, 2021

FAQ – May I dismiss an employee for not wearing a facemask?

The Labour Court has already urged employers to act robustly against employees who flouted the COVID-19 regulations, and this was confirmed in a recent CCMA case. In Ngcobo v East Coast Board (Pty) Ltd (2021) 8 BALR 826 (CCMA), the employee breached the Health and Safety rules by not wearing a facemask during working hours.... Read More

FAQ, Labour

October 14, 2021

DYK – A Desertion Hearing May Proceed In The Employee’s Absence If The Notice Of Desertion And Disciplinary Hearing Was Personally Served On The Employee

When a Notice of Desertion and Disciplinary hearing was personally served on the employee, and the employer submits sufficient proof of such service, then the disciplinary hearing may proceed in the employee’s absence if they fail to attend the hearing. The mentioned disciplinary hearing notice is usually being served with a registered post whereby the... Read More

DID YOU KNOW, Labour

October 13, 2021

Supplier Development Programmes Under The B-BBEE Amended Construction Sector Code

On 1 December 2017, the Amended Construction Sector Charter was gazetted and came into effect. All measured entities within the Construction Sector have to comply with the Amended Construction Sector to verify their B-BBEE status. For the purpose of this article, the focus will be on Supplier Development Programmes under the B-BBEE Amended Construction Code.... Read More

BEE, Labour

October 12, 2021

Episode 96: Difference Between A Compliant And Non-Compliant B-BBEE Certificate.

SEESA BEE Legal Advisors Cordieu Hamman and Shane Meyer discuss the differences between a Compliant and Non-Compliant B-BBEE Certificate. They also focus on the importance of a business to ensure that its B-BBEE Certificate complies with its customer and industry requirements. Click play to listen to our podcast! Contact your SEESA BEE Legal Advisor to... Read More

BEE, LATEST, Podcast

October 11, 2021

The Use And/Or Abuse Of Sick Leave During The COVID-19 Pandemic

Since the pandemic’s start, there have been various amendments regarding the National State of Disaster and its regulations regarding the different lockdown levels. In brief, with the level 5 lockdown, the hard lockdown, employers utilised employees annual leave to this period to pay them their full salary and subsequently claimed this amount back from TERS.... Read More

Labour, LATEST

October 8, 2021

FAQ – May employees embark on strike action without following certain legal requirements?

The answer to this is no. Although our constitution guarantees every employee the right to strike. As with any other right, the right to strike is not unqualified. Certain legal protections, including the right not to be dismissed, is limited to protected strikes. For a strike to be considered a protected strike, the employees must... Read More

FAQ, Labour

October 7, 2021

DYK? – Agricultural enterprises wishing to export products to the UK will now have to be in possession of a valid BEE certificate or an Affidavit. This will enable your enterprise to apply for an export permit, as this has become one of the permit using conditions.

The issuing of export permits for agricultural products to the United Kingdom will be regulated by the SACUM-UK Economic Partnership Agreement, which is subject to the Agricultural Black Economic Empowerment (AgriBEE) Sector Code. The B-BBEE status of applicants will be regarded as one of the conditions of Issuing an export permit. A B-BBEE status is... Read More

BEE, DID YOU KNOW

October 6, 2021

Constructive Dismissal

Constructive dismissal can occur in many forms. Unfortunately, there are no cut and dried rules on what adds up and does not add up to constructive dismissal. Hence it remains a thorny issue to tackle. The increased rate of resignations with or without notice is quite alarming. It is logical to assume that most of... Read More