Neglecting the value of the Intellectual Property (IP) in your business enterprise is just like skipping leg day at the gym – a cardinal sin that can leave your business’ growth wobbly and unbalanced. Intellectual property protection is the reward for all the hard work that you put into creating a distinctive and competitive product…
Category: DID YOU KNOW
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…
DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?
According to Section 187 (f) of the Labour Relations Act (LRA), an employer cannot unfairly discriminate against an employee based on their age. When a retirement age has been agreed upon between the employer and employee in a contract of employment or through a pension/provident fund, it is a condition of employment between the parties….
DYK – Your Business Needs To Have A Privacy Notice?
Section 18 of the Protection of Personal Information Act 4 of 2013 (POPIA), it states that if personal information is collected, the responsible party (The Business) must take practicable steps to ensure that the data subject is aware of specific points. These include: The type of information being collected; The name and address of the…
DYK – Decriminalisation Of Cannabis For Private Use Does Not Yet Mean The Legalisation Of Cannabis In The Workplace?
Personal or recreational use of marijuana was declared unconstitutional and decriminalised in terms of South African laws in the case of Minister of Justice v Prince. In terms of the Medicines Act, marijuana (THC) may now, in private and for personal use, be consumed by an adult. However, legalised personal use does not mean that…
DYK – The B-BBEE Policy In South Africa Also Applies To The Agricultural Sector?
The goal of B-BBEE in the agri sector is to promote the participation and advancement of black farmers and agri-businesses while ensuring that they have the necessary skills, resources, and support to succeed. This includes initiatives such as land reform, which aims to transfer land ownership from white to black farmers, and support for small-scale…
DYK – RICA- Legislation Also Regulates The Monitoring Of Telephones, E-Mails And Other Communication?
This Act places very tight restrictions on employers wishing to monitor telephonic, e-mail and other communications of employees at the workplace. In light of RICA’s rigid provisions, the best strategy for employers will be to have a policy in place where all employees give written provision to monitor their e-mail or other communications. To find…
DYK – An Employee Must Be Paid An Allowance For Working At Night?
The Basic Conditions of Employment Act of 1997 (the BCEA) states the following: Section 17: Night work In this section, “night work” means work performed after 18:00 and before 06:00 the next day; An employer may only require or permit an employee to perform night work if so agreed and if the employee is compensated…
DYK – In Terms Of Any Transaction, To Whom Does The Consumer Protection Act Not Apply?
In terms of goods or services which are promoted or supplied to the state; In terms of which, a consumer is a juristic person whose asset value or annual turnover, at the time of the transaction, equals or exceeds the threshold value determined by the Minister (R2 million); If the transaction falls within an exception…
DYK – Registration Of An Information Officer Is The Start Of The Process.
Section 55 of the Protection of Personal Information Act 4 of 2013 (POPIA) sets out the duties and responsibilities of the Information Officer. Registration of the Information Officer and Deputy Information Officers is only the start of the process. Many businesses believe that once the aforesaid is done, they are compliant, which is not the…