The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided…
Category: In-depth
The importance of Supply Chain Management for B-BBEE
All entities participating in the Broad-Based Black Economic Empowerment (B-BBEE) verification process are aware of how important preferential procurement is to the entity’s scorecard, and the level they will obtain. Keeping this in mind, entities should always ensure that they have a proper supply chain as well as supply chain management system in place. All…
Are Mentoring Programmes worth it?
Doing business today requires having low-cost, yet high-quality, solutions. Starting a mentoring program in your business allows you to capitalize on your greatest resource, your employees. Mentoring programs are a cost-efficient way to get employees engaged and empowered. What are the benefits to the mentor? Being involved in mentoring provides some tangible benefits that can reward mentors…
Supplier accountability for defective goods
Businesses face risk for liability for defective goods every day. A recent important incident is the Listeriosis outbreak that crippled businesses and suppliers in the processed meat industry. The consequences are reaching far beyond just the businesses who are directly involved – farmers who supply livestock to abattoirs, who in turn supply carcasses to the…
The Employer’s Guide to: intoxicated employees
Almost every employer has had to deal with one of the following situations: An employee reports for duty while under the under the influence of liquor of drugs. An employee consumed alcohol while on duty. An employee reports for duty while the exceeding the allowed limit of alcohol in his bloodstream. This conduct constitutes misconduct…
The employers guide to: Discovery during disciplinary hearings
It is common cause that the employer, as a general rule, does not have a duty to discover certain documents or materials such as video footage and other recordings to the employees and/or their representatives. Discovery refers to the disclosure of certain evidential material that any of the parties to a dispute intends to use…
Misconduct during a disciplinary hearing – what now?
Can an employee be dismissed for serious misconduct committed during a disciplinary hearing? A case study: The Labour Appeal Court (LAC) in the case of Ekurhuleni Metropolitan Municipality v South African Municipal Workers Union and Others recently decided the former issue but refrained from making a finding on the issue. The employee, Skhosana, in the…
The employers guide to: Changes to the Skills Element of the Amended BEE Sector Codes
The Amended Agri-BEE Sector Code of Good Practice (“Agri-BEE Code”) was gazetted on 8 December 2017 with immediate effect. The elements that differ most from the Amended Codes of Good Practice are found in the Ownership, Skills and Supplier & Enterprise Development Elements. Exempted Micro Enterprises (EMEs) with a turnover less than R10 million, and…
Personal Information in your Health and Safety File – what does the law say?
Requirements for the processing of Personal information in Terms of the POPI Act. The Protection of Personal Information Act, Act No.4 of 2013 (POPI) provides for a legal framework in terms of which information of a personal nature, held of any data subject, which includes a natural living or juristic person should be dealt with…
Is offering a plea bargain regarded as inconsistent?
Would it be an inconsistency if the co-perpetrator is given a lesser sentence should the employee testify? Section 3 (6) of Schedule 8 of the Labour Relations Act (LRA) provides that the employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees…