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Category: FAQ

May A Data Subject Institute A Claim For Damages Against A Responsible Party For Not Complying With POPI?

March 16, 2023 By Zaskia Botha

Yes, a data subject may institute a civil action for damages in a court having jurisdiction against a responsible party for any breach of any provision of the Act as referred to in Section 73 of POPI, whether or not there is intent or negligence by the responsible party. It is, therefore, a no-fault liability…

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Can My Domestic Worker Join A Trade Union?

March 9, 2023 By Zaskia Botha

Section 21 of the Labour Relations Act describes organisational rights as a trade union’s formal request made in writing to represent employees in a workplace on a variety of selective rights. Section 23 of the Constitution and Section 4(1) Labour Relations Act protect the rights of employees to form and join a trade union and…

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Why Should An Entity Obtain A Non-Compliant Certificate If Being Non-Compliant Has Zero BEE Recognition?

March 2, 2023 By Zaskia Botha

Entities often question the relevance of having a non-compliant BEE certificate when being non-compliant has zero BEE recognition. There are many reasons for opting to obtain a non-compliant BEE certificate. One of the primary reasons for obtaining a BEE certificate, even a non-compliant certificate, is to be registered on large enterprises’ vendor databases. Without a…

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Is An Employee Entitled To Payment For Public Holidays During Maternity Leave?

February 23, 2023 By Zaskia Botha

The answer is yes. Section 25 (5)(1) of the Public Holidays Act 36 of 1994 provides that ‘every employee shall be entitled to at least the number of public holidays provided for in this Act. In terms of section 18 of the Basic Conditions of Employment Act (BCEA) provides that (1) An employer may not…

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Does SEESA Offer An On-Demand Training Option For Learners?

February 16, 2023 By Zaskia Botha

In the hustle and bustle of a post – COVID-19 world, our E-Learning offers the answer with various on-demand training courses that are only a few clicks away. E-Learning embraces and overcomes 21st century challenges and encourages employees to get acquainted with digital thinking and improve their understanding with a hands-on approach to technology and…

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Are You Entitled To Return Goods If You Have A Change Of Heart?

February 9, 2023 By Zaskia Botha

The Consumer Protection Act allows a consumer to return goods in four instances. For example, with direct marketing or, as we refer to, the “cooling-off period”, which allows a consumer to return and get a refund on the goods they purchased after a period of five (5) days. Consumers are also allowed to return goods…

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When Will A Measured Entity Qualify For Skills Development Absorption Bonus Points?

February 2, 2023 By Zaskia Botha

Absorption entails the long-term permanent employment of a previously unemployed Learner, Intern or Apprentice after successfully completing the applicable accredited, registered and qualifying training programme. In terms of the Amended Codes of Good Practice, the absorption target is calculated as 5% of the company’s total workforce. It is important to note further education does not…

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What Is Progressive Discipline?

January 26, 2023 By Zaskia Botha

The Code of Good Practice, contained in Schedule 8 of the Labour Relations Act, is a legislative guideline on the best practices to follow regarding labour procedures. The Code specifically stipulates that any disciplinary action, especially when considering dismissal, should be substantively and procedurally fair. To achieve this, progressive discipline must be applied. Progressive discipline…

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When Can A Service Provider Charge A Customer For The Supply Of Any Goods Repaired?

January 19, 2023 By Zaskia Botha

Section 15 of the Consumer Protection Act deals with pre-authorisation for repair and maintenance services. It states that a service provider may not charge a customer for goods or services provided unless the service provider has given a consumer an estimate. An estimate includes the breakdown and the total amount that will be charged ,…

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What Is The Difference Between A “Probation Period” And An “Acting Position Period”

December 9, 2022 By Zaskia Botha

A “Probation Period” is commenced at the start of an employment relationship and usually runs for three months from the date of employment. This period allows an employer to evaluate a new employee’s skills and to ensure that they meet the required performance/skills incumbent to perform the position in a permanent capacity. It can be…

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