The supplier must, within ten business days after the delivery of any incorrect goods to the consumer, inform the consumer that goods were delivered in error. Those goods become unsolicited only if the supplier cannot recover the goods within 20 business days after informing the consumer. A consumer has no obligation to pay a supplier…
Category: FAQ
Can A Company Only Proceed With A B-BBEE Verification Based On The Company’s Latest Financial Statements?
Yes, a company can only proceed with a B-BBEE verification based on the company’s latest financial statements. The South African National Accreditation System (SANAS) is responsible for the accreditation of BEE verification agencies. SANAS has specifically addressed the measurement period that entities can use for their BEE verification. In the past, some verification agencies were…
Can An Employee Take Annual Leave During Any Period Of Notice Of Termination Of Employment?
In terms of the Basic Conditions of Employment Act (BCEA), any party to an employment contract must give notice of termination. The notice period is determined by the employment period, for example: One week, if employed for six months or less; Two weeks, if employed for over six months but less than one year; Four…
What Does The Consumer Protection Act Define As Quality Service?
Under Section 55 of the Consumer Protection Act, should a supplier or service provider undertake to perform any service for a consumer, then the consumer has the right to expect: High-quality services; Performance and completion of those services within a reasonable period of time; Timely notice of any unforeseen and unavoidable delay in the rendering…
Are You Obliged To Remunerate Staff During Eskom Load Shedding?
The answer is yes. With the current energy crises becoming the new reality in South Africa for the foreseeable future, employers must proceed with caution. There is a common misconception that the principle of “no work, no pay” applies during power cuts. Notwithstanding the reciprocal nature of the employment relationship where an employee provides a…
Can A Polygraph Test Be Used As Evidence In A Disciplinary Hearing?
Yes, however, the results of a polygraph test alone are not enough to prove an employee’s misconduct/guilt, as the accuracy of the test has been questioned over the years. Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence…
Can A Company Claim More Than The 20% Mandatory Grants From The SETA’s?
The 20% mandatory grant, which is claimed back from SETA through Workplace planning and Actual Training reports, is not the only grant that can be claimed back. A discretionary grant is another grant that can be claimed back. This grant is related to pivotal training that the company wants to implement, and the SETA will…
Does The Consumer Protection Act Cover Insurance-Related Disputes?
Section 1 of the Consumer Protection Act 68 of 2008 (the CPA) defines a “service” as follows: Service includes but is not limited to: any banking services or related or similar financial services, or the underwriting or assumption of any risk by one person on behalf of another, except to the extent that any such…
Is B-BBEE Expensive To Implement In My Business?
Implementing B-BBEE initiatives will be expensive if a company cannot do the relevant planning and expenditure in advance and throughout its financial year. The B-BBEE Codes can be complex, so a company must be proactive and not leave the planning and expenditure until the last minute. It is very important to get a B-BBEE cost…
Is It Compulsory For A Business To Comply With A Bargaining Council’s Main Agreement?
To answer this question, first, it will depend on whether the Bargaining Council’s Main Agreement, for your specific industry, has been extended to non-parties of the agreement by the Minister of Employment and Labour. Second, whether your business forms part of or has joined an employer’s organisation which is a party to the main agreement….