A phrase commonly used in law is “Justice delayed is justice denied”, meaning that by delaying to charge and finalise an employee’s hearing would be to deny their justice and therefore denying a fair hearing. But what constitutes a delay? Section 188 of the Labour Relations Act (LRA) sets out strict requirements to ensure that…
Category: In-depth
Data breaches and the notification thereof
With the Protection of Personal Information Act (POPI) created to regulate the protection of personal information, an enormous impact is expected as South African businesses will soon be legally obligated to notify of any data breaches. What is expected from businesses faced with data breaches? The responsible party will have to notify the Information Regulator,…
A practical guide to: Handling damages caused by employees
Employers are sometimes faced with a situation were an employee caused damage to the employer as a result of their actions or omissions. Employers must decide to either impose a warning or deduct the cost of the damages from the employee’s salary. The question now arises whether you can issue a warning and deduct the…
Back to basics with Broad-Based Black Economic Empowerment
South Africa was engaged in a racially segregated system called Apartheid from 1948 until 1994, where one’s race determined social, economic and political advantages and/ or disadvantages. In 1994, the first democratic government was elected in South Africa. This government implemented Broad-Based Black Econoic Empowerment (B-BBEE) in 2003/2004 as a racially selective program initiated to…
Is an employer obliged to pay bonuses to employees?
The question of “Why didn’t I get a bonus?” is one that crosses the mind of many employees, as they often feel that they have a right to a bonus. The South African Labour Law is silent on the issue of bonuses with the result that the payment or non-payment of bonuses is left to…
Is the GDPR applicable to my business?
The General Data Protection Regulation (GDPR) was enforced on 25 May 2018 by the European Union Law and was drafted to coordinate any previous and or current legislation in one document. This means that every resident of the European Union’s (EU) right to data privacy are protected under this regulations. Any law or regulation approved…
The Employer’s Guide to: Annual Leave
The Basic Conditions of Employment Act 75/1997 (BCEA) states that the provisions for annual leave do not apply in the following instances; Employees who work less than 24 hours per month for an employer. Leave granted to employees in excess of the entitlement allowed in terms of the BCEA. Calculation of annual leave The BCEA…
Supplier Development and the Amended Construction Codes
The Amended Construction Sector Codes have brought about significant changes to the Supplier Development element. Generic Enterprises now have to ensure that their assistance meets the requirements of a compliant Supplier Development programme. A Generic Enterprise is regarded as the following: Contractors – revenue above R50 million; Built Environmental Professional (BEPs) – revenue above R25…
When should my employees retire?
There is no compulsory retirement age for employees in South Africa therefore employees may continue working until they are incapable of performing their job. In these circumstances the employer would need to follow the incapacity procedure as set out in Schedule 8 of the Labour Relations Act (LRA). Section 187(1)(f) of the LRA declares a…
Information Leaks – what does the law say?
Much has been written about the Protection of Personal Information Act (POPI), its effect on direct marketing and the consequences of unlawful use and processing by responsible parties. Despite this, in the case of MiWay v King Goodwill Zwelithini, MiWay found itself under the scrutiny of the Information Regulator when a telephonic conversation between one…