A Probation period is a controversial topic that requires an open mind to comprehend fully. South Africa has a very competitive and desperate labour market. The unemployment rate in South Africa rose to 27.6% in the first quarter of 2019 from 27.1% in the previous period. It is the highest jobless rate since quarter 3…
Category: In-depth
UNDERSTANDING TRUSTS IN TERMS OF THE B-BBEE ACT
Trusts have become a popular tool to facilitate Ownership for purposes of compliance with the requirements of the B-BBBE (Broad-Based Black Economic Empowerment) Act. It is however important that Companies take note of the requirements for recognition of such a Trust in an Ownership transaction. It is important to understand that a trust is seen…
The expectation of renewal and dishonesty: Why it’s crucial to come clean
The Labour Court of South Africa, Johannesburg, was recently faced with the task of taking a closer look at the reasonableness of an employee’s expectation of the renewal of his or her fixed term contract of employment. In the recent case of Njikelana v Kruger N.O and Others, an application was made to review an…
Essential factors to consider before referring a case of constructive dismissal
Often times, employees not happy or aggrieved with the working environment or condition(s) find themselves having to tender their resignation and referring a dispute of constructive dismissal with either The Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant bargaining council without obtaining proper legal advice. In cases of constructive dismissal, it is imperative to…
POPI Compliance Certification
With the introduction of the Protection of Personal Information Act 4 of 2013 (referred to as “POPIA” or “the POPI Act”) and the publication of the final Regulations in the Government Gazette no 42110 on the 14th of December 2018, numerous businesses asks the same question: “How do I become POPIA Certified or obtain a…
Retirement and Claiming UIF
The purpose of the Unemployment Insurance Fund (UIF) is to provide financial relief to employees who have involuntarily lost their employment or income due to retrenchment or dismissal (illness, pregnancy, adoption or death). Considering the high unemployment rate and economic climate in South Africa, many retirees would prefer to continue working mainly due to financial…
Dismissed because of religious observances
In the following case TDF Network Africa (Pty) Ltd v Faris (2019) 28 LAC 1.11.9, the employee referred to as Faris was employed as part of a graduate management program in 2011 and signed an employment contract in 2012. Faris said that she told the employer at the time of signing her employment contract that…
Prepaid service and CPA
Section 64 of the Consumer Protection Act, Act 68 of 2008 (CPA) provides that in the event that a consumer agrees to pay a once-off membership fee or an amount for access to services, in terms of which such services are provided at a date more than 25 business days after payment is made, such…
Your recourse to unfair Government tenders
More often than not, we are told by clients that they don’t see why they should be Broad-Based Black Economic Empowerment (B-BBEE) compliant. They argue that it is an expensive process to become BEE compliant and they feel it is a worthless exercise and not worthwhile. If you have a good BEE scorecard to possibly…
Getting Smart With Enterprise & Supplier Development
It is important to ensure that you have your Enterprise & Supplier Development in place for your Broad-Based Black Economic Empowerment (B-BEE) verification. Under the Codes of Good Practice generic scorecard, you are able to obtain 5 points under Enterprise Development and 10 points under Supplier Development. This is 15 points that can be guaranteed…