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Category: In-depth

Are our business owners using personal information lawfully?

March 22, 2018 By Linda Erasmus

With the Protection of Personal Information (POPI) Act still on billboards and in the news, most business owners are aware of it but they are still unsure of whether they are processing personal information lawfully. You might think, “How am I going to do what the POPI Act requires from me and grow my business…

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The need for cultural sensitivity training in the workplace

March 22, 2018 By Linda Erasmus

As recently highlighted in the media, the South African public are still very sensitive and highly reactionary when it comes to advertising campaigns that can be interpreted as racially or culturally insensitive. As a result of this miscommunication and misinterpretation, there has been a loss of both time, money and, perhaps most importantly, it has…

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A closer look at the Amended Agriculture Sector Code

March 22, 2018 By Linda Erasmus

The amended Agriculture (Agri) Sector Code was gazetted on 8 December 2017 and came into effect immediately. This Sector Code applies to any entity falling within the following scope of application: Primary production of agricultural products. Provision of inputs and services to Enterprises engaged in the production of agricultural products. Beneficiation of agricultural products, whether…

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Everything you need to know about the new National Minimum Wage – soon to be a reality

March 22, 2018 By Linda Erasmus

After months of speculation over a compulsory minimum wage, the National Minimum Wage Bill was published on 17 November 2017 in the Government Gazette. Despite a long and complex parliamentary process, Government anticipated that the Bill will become an Act of Parliament by May 2018. What is the purpose of the proposed Act? The Act…

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How to use Private Equity Funds to better your BEE score

March 20, 2018 By Linda Erasmus

Broad-Based Black Economic Empowerment (B-BBEE) Ownership has become a reality to most companies operating in South Africa. As a result of the pressure for businesses to produce not only compliant BEE certificates, but certificates which provide a good score on the procurement element of their client’s BEE ratings, together with the downgrading of the recognition…

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The employers guide to: Alcohol and narcotics in the workplace

March 20, 2018 By Linda Erasmus

Many employers are faced with the problem of employees consuming drugs or alcohol at the workplace while on duty, or before reporting for duty, with all sorts of excuses such as it ‘is from the night before’ or it being ‘cough mixture’. How can employers best handle this situation? The solution is as simple as…

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What does the POPI Act Draft Regulations mean for you?

March 19, 2018 By Linda Erasmus

After the Protection of Personal Information (POPI) Act Draft Regulations were gazetted in September 2017, they are expected to be published in April 2018 after comments and suggestions were considered. The Draft Regulations are basically more detailed rules and procedures on the practical application of the POPI Act. An assessment of the Draft Regulations demonstrate…

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Ordinary working hours: be careful what you enforce

March 19, 2018 By Linda Erasmus

Employers often assume that their employees should be working 45 hours per week. Subsequently, they implement new contracts and use the phrase “but the law states you should be working 45 hours per week”. This is a common misconception in the workplace. While the Basic Conditions of Employment Act (BCEA) has certain prescriptions for working…

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The amended B-BBEE Construction Codes have been gazetted with immediate effect

March 12, 2018 By Linda Erasmus

Companies must ensure that they adhere to all the requirements when making contributions toward Socio-Economic Development (SED) to obtain the maximum points available. You need to determine what type of entity your business will be classified as. The thresholds for Qualifying Small Enterprises (QSEs) are: For Contractors – a total annual revenue of between R10…

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The employers guide to: ill health incapacity

March 12, 2018 By Linda Erasmus

First – what is ill health incapacity? Incapacity due to ill health refers to a situation where an employee is unable to carry out or perform their contracted obligations due to an illness or injury. Incapacity on the grounds of ill health maybe temporary or permanent. What must employers do? When faced with an ill…

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