Did you know there are 3 statutory cooling-off periods to protect consumers? There are 3 statutory cooling-off periods to protect consumers. The right to a cooling-off period enables consumers to reverse a transaction without any penalty. These 3 cooling-off-periods are prescribed by the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communication and Transaction…
Category: In-depth
Can an employee withdraw their resignation?
Resignation is topic that often repeats itself. Employers often want to know – can an employee withdraw their resignation? Disciplinary action and resignation goes hand in hand Employees often overreact when they are served with a notice to attend a disciplinary hearing and impulsively opt to rather resign than to endure the scrutiny of a…
Amended Construction Exempted Micro Enterprise (EME)
In terms of the Broad-based Black Economic Empowerment (B-BBEE) Amended Construction Sector Code, specific thresholds determine whether an entity is classified as an Exempted Micro Enterprise (EME) for Built Environment Professionals (BEPs) and Contractors. These thresholds are: Type Turnover Black Ownership Level BEP Below R6 Million Below 30% 5 BEP Below R6 Million 30% –…
Maternity leave and failed pregnancies – what does the law say?
Although this is a sensitive topic, it is one that occurs regularly and is often handled wrong because of the ignorance of the law. The relevant law here is the Basic Conditions of Employment Act (BCEA). This Act, read together with the Constitution of South Africa, protects the rights of pregnant woman in the workplace….
How to handle broken goods according to the CPA
It often happens that, after purchasing an item, we discover that it is broken. Our first reaction is to return it to the shop we bought it from and get our money back, right? Not always. Section 56 of the Consumer Protection Act (CPA) provides an automatic warranty whereby all goods may be returned to…
Fixed term agreements – know your rights
The Consumer Protection Act (CPA) has had a great impact on fixed term agreements in South Africa. Suppliers can no longer bind consumers to fixed term agreements as they did in the past. Section 14 of the CPA regulates fixed term agreements (though it doesn’t apply to all fixed term agreements). What are the rights…
Negligence vs gross negligence
What is ordinary negligence? What is gross negligence? Is negligence a disciplinary offence? When is dismissal for negligence justifiable? If you can’t answer all these questions, read on. Gross negligence is a knowing and voluntary disregard of the need to exercise reasonable care, which is likely to cause foreseeable serious injury or harm to persons, property…
How to transfer your business the right way
Section 197 of the Labour Relations Act (LRA), 1995 deals with transferring a business from one employer to another employer as a going concern. What constitutes a “going concern”? This question is not answered by the LRA but can be determined, it seems, by reviewing the following factors: The intention of the transferring parties. The…
Expired or lapsed warnings when applying progressive discipline
The South African Labour author John Grogan states that employees have an obligation to provide the employer with their labour, to obey reasonable instructions, to act in good faith and perform their duties. The function of discipline in the employment context is to ensure that the individual’s employees contribute effectively and efficiently to the goals…
All Sector Codes except for Transport aligned with the amended Codes Of Good Practice
It will be fair to say that 2018 started with much more certainty than 2017 did. At the same time last year various Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes were only in draft format and not yet aligned with the amended Codes of Good Practice. Out of a planning and budgeting point of view,…