In short, the answer is yes. The Consumer Goods and Services Ombud (CGSO) and Motor Industry Ombud of South Africa (MIOSA) were accredited in terms of Section 82(2) of the Consumer Protection Act (the CPA). They are tasked with enforcing the Codes of Conduct regarding Consumer matters in their respective fields. In terms of their…
Category: FAQ
Are employees who work 6 days a week entitled to additional leave?
Many employers are still surprised when confronted with this question. As many employers already know, employees working five days a week are entitled to 15 working days of leave per annum. But employees working six days a week are usually entitled to 18 days of leave per annum, which surprises some employers who have been…
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…
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…
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…
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…
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…
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…
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…
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…