Can You Continue To Claim Points On The Ownership Element After The Sale Or Loss Of Shares Held By Black Participants?

In short, yes. According to the B-BBEE Act, including relevant legislation, the rule of “once empowered, always empowered” determines that a company is permitted to recognise a portion of black (as defined by the applicable Act) shareholding after the sale or loss of shares held by black participants. There are, however, a few requirements which... Read More

BEE, FAQ

June 13, 2022

What Can An Employer Do When They Receive A Condonation Application From An Employee?

CCMA applications are regulated by Sections 31 and 32 of the CCMA rules, and Section 191 of the Labour Relations Act determines the time frames for employees to refer disputes to the CCMA. An employee has 30 days to refer a dispute for unfair dismissal and 90 days for unfair labour practice. If an employee... Read More

FAQ, Labour

May 30, 2022

When Is A Business Allowed To Process A Data Subject’s Special Personal Information?

Section 26 of the Protection of Personal Information Act 4 of 2013 (POPIA) states that special personal information relates to a data subject’s criminal behaviour, trade union membership, health or sex life, religious or philosophical beliefs, political persuasion or biometric information. Section 26 further states that a responsible party may not process a data subject’s... Read More

Consumer Protection & POPI, FAQ

May 16, 2022

May Probation Be Extended Unilaterally?

Regarding Schedule 8 of the Code of Good Practice on dismissals, an employer may only decide to extend an employee’s probationary period after inviting the employee to make representations and considering any representations made. Should an employer decide to extend the probationary period, the employer should advise the employee of their right to refer the... Read More

FAQ, Labour

May 9, 2022

Can The Information Regulator Extract Damages From The Responsible Party Even If It Is Not Negligent?

There are two potential areas of litigation for a data breach under the Protection of Personal Information Act 4 of 2013 (POPIA). The first is that the party liable for the data breach may have to argue its case before the Information Regulator. The second is that the responsible party may face civil action. Section... Read More

Consumer Protection & POPI, FAQ

April 25, 2022

What Is The Consequence Of Not Reporting To The Financial Sector Transformation Council?

All financial institutions under the Amended Financial Sector Codes must report annually to the Financial Sector Transformation Council (also known as the FSTC). The aim of reporting is for the Council to establish and report on the transformation in the specific sector. Failure to report will cause the entity to automatically be subjected to the... Read More

BEE, FAQ

April 18, 2022

Do My Hairstylists Fall Under The Scope Of An Independent Contractor, And Can I Enter Into A Commission Fee Agreement With Them?

A client argued that his hairstylists do not fall under the definition of an employee and may only pay them commission or rent a chair fee for their services. The client provides his employees with a mirror and chair to serve their client base. He also provides hair products and equipment. Section 200A of the... Read More

FAQ, Labour

April 11, 2022

What Are The Roles And Responsibilities Of Employment Equity Committee Members?

The Employment Equity Act 55 of 1998 states that an Employment Equity Committee should be diverse, representing all races, genders and occupational levels in the company. The committee’s purpose is to ensure that all employees are treated fairly, that the plans make business sense and can be achieved and that sufficient consultation takes place with... Read More

FAQ, Skills Development

April 4, 2022

How Should My Business Respond To A Data Breach?

Businesses must be aware of the legal requirements when a data breach takes place so that they can be swift in their response, as failure to comply is considered an offence under the Protection of Personal Information Act. The first step is to notify the Information Regulator and the Data Subject/s (should their identity be... Read More

Consumer Protection & POPI, FAQ

March 28, 2022

Can A Business Change Their BEE Sector Code?

The sector of a business is determined by the type of business from which the business derives the biggest part of its turnover. The name of the entity does not confirm the Sector applicable to the business. Should the business activities fall under more than one sector, the auditor will have to confirm which activities... Read More

BEE, FAQ

Can You Continue To Claim Points On The Ownership Element After The Sale Or Loss Of Shares Held By Black Participants?

What Can An Employer Do When They Receive A Condonation Application From An Employee?

When Is A Business Allowed To Process A Data Subject’s Special Personal Information?

May Probation Be Extended Unilaterally?

Can The Information Regulator Extract Damages From The Responsible Party Even If It Is Not Negligent?

What Is The Consequence Of Not Reporting To The Financial Sector Transformation Council?

Do My Hairstylists Fall Under The Scope Of An Independent Contractor, And Can I Enter Into A Commission Fee Agreement With Them?

What Are The Roles And Responsibilities Of Employment Equity Committee Members?

How Should My Business Respond To A Data Breach?

Can A Business Change Their BEE Sector Code?

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