Must I issue each employee with a Contract of Employment?

Yes, each employee employed in your business must be given a Contract of Employment. According to Chapter 4 of the Basic Conditions of Employment Act 75 of 1997 (BCEA), all employees that work more than 24 hours a month, must be provided with written particulars of their employment. Section 29(1) of the BCEA provides employers... Read More

FAQ, Labour

December 15, 2021

Most Read FAQ Of 2021.

FAQ – How many Information Officers must be appointed in my business with reference to POPIA? In terms of Sections 55 and 56 of POPIA, the Information Officer will be the Chief Executive Officer, owner or an equivalent officer or any person duly authorised by the business. Therefore, the CEO must delegate the function of... Read More

Consumer Protection & POPI, FAQ

December 5, 2021

FAQ – Is consent enough to process personal information?

The simple answer is no. Although consent is one of the fundamental requirements in the Protection of Personal Information Act, the Act requires more than just consent. When referring to Section 18 of the Act, certain notifications must be given to a person when collecting their personal information. Such notification includes the following: What information... Read More

Consumer Protection & POPI, FAQ

November 28, 2021

FAQ – When employees strike, the “no work no pay” rule applies, but do I still have to provide pay-in-kind benefits to striking workers?

Yes. Employees who embark on strike action forfeit the right to payment for the period they strike. The only exemption is where the employees also receive payment in kind. Examples of payment in kind are accommodation, food and basic amenities. Employers may not withhold payments in kind, even during Strike action. The employer may recover... Read More

FAQ, Labour

November 19, 2021

FAQ – Can Political Parties Interfere In The Workplace?

No. It has become a trend that Political Parties enter the workplace sphere and try to involve themselves in work-related matters between employers and their employees. In terms of the Labour Relations Act, 1995, the workplace is more commonly an area for Trade Unions, Employers Organisations and/or Workplace Forums. In two recent Labour Court Cases,... Read More

FAQ, Labour

November 12, 2021

FAQ – Can I Dismiss An Employee For Absence After Not Returning From Self-Isolation?

Employers should be careful when contemplating disciplinary action against employees who are absent from the workplace due to self-isolation from COVID-19 exposure. Two CCMA cases, with varying outcomes, confirm that these matters should be dealt with systematically and only after adequately investigating the facts. In Mehlala v Cybersmart (Pty) Ltd (2021) 7 BALR 749, the... Read More

FAQ, Labour

November 7, 2021

FAQ – Do I need written contracts of employment?

No. There is no legal requirement that contracts of employment must be in writing. A verbal agreement of employment is completely binding. The difficulty will always be in proving the terms of a verbal agreement when a dispute arises. If there is one thing that all employers desire, it is certainty. Properly drafted and implemented... Read More

FAQ, Labour

November 1, 2021

FAQ – May an employee be dismissed for calling managers “frauds”?

Yes. There was a recent case in the CCMA where an employee was dismissed after being charged for bringing the company`s name into disrepute because she summoned the police to the workplace on three separate occasions after she had clashed with colleagues. She refused to attend a disciplinary hearing, describing the managers as “frauds”. The... Read More

FAQ, Labour

October 22, 2021

FAQ – Can I dismiss an employee for making a false statement on his CV?

Yes. An employee stated on his CV that he completed a Diploma in internal auditing. Management discovered that he had failed several modules of the Diploma. He was dismissed for making a false statement on his CV. The CCMA found the dismissal to be fair. To find out how SEESA can help your business visit... Read More

FAQ, Labour

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

Must I issue each employee with a Contract of Employment?

Most Read FAQ Of 2021.

FAQ – Is consent enough to process personal information?

FAQ – When employees strike, the “no work no pay” rule applies, but do I still have to provide pay-in-kind benefits to striking workers?

FAQ – Can Political Parties Interfere In The Workplace?

FAQ – Can I Dismiss An Employee For Absence After Not Returning From Self-Isolation?

FAQ – Do I need written contracts of employment?

FAQ – May an employee be dismissed for calling managers “frauds”?

FAQ – Can I dismiss an employee for making a false statement on his CV?

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

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