An employee is appointed to perform certain tasks and to provide required results in exchange for remuneration. Original creation and/or work in any form and the rights the author have over that work is referred to as intellectual property. Intellectual property is protected by copyright or patent or other rights. The rights to intellectual property…
Category: In-depth
Allegations Of Racism Is Racist In Itself
South Africa has a well-documented history of inequality and discrimination based on race. In an effort to correct the past injustices, the Constitution provides protection through the Bill of Rights which specifically dictates in Section 9 that no person shall be discriminated against based on race, among other listed grounds. As a result, the Employment…
The Commencement Of The Employment Relationship
There may be confusion as to when the employment relationship between the employer and the employee actually commence. The confusion is more around whether the employment relationship is being established at the undersigning of the employment contract, the offer of employment made to the applicant or the appointment letter issued by the employer. However, the…
Interesting Changes to the Future of B-BBEE
On 29 March 2018 the minister of Trade and Industry announced another amendment to the amended codes of good practice. As it stands, EME and QSE entities which is at least 51% Black Owned or even 100% Black Owned qualifies for an automatic level 2 or 1 when their turnovers respectively does not exceed R10…
Selling Your Car – What does the CPA Say?
The introduction of the Consumer Protection Act 68 of 2008 (CPA) has brought about a lot of confusion in the second-hand goods industry, in particular, second-hand vehicles. In this article, we will look at how the court assessed the impact of the CPA on second-hand vehicle sales in the case of Ncc Vs Western Car…
Definition Of Small Businesses Revised
The government’s commitment to place Small, Medium and Micro Enterprises (SMME) and Co-operatives at the center of economic growth and job creation has been given a long awaiting boost by key amendments to the National Small Enterprise Act 2004 (Act no 29 of 2004). The definition of a “Small Enterprise” has been amended now by…
Double Jeopardy – When Can Employers Have Two Bites Of The Cherry?
An overview of circumstances permitting fair deviation from the principle of double jeopardy Double jeopardy is the generally accepted principle adopted from criminal law and applied in employment law, that dictates that an employee cannot be disciplined twice for an offence which he / she has been found guilty or acquitted of. The standard to…
Seminar On The Consumer Redress System
The Consumer and Corporate Regulations Division (CCRD) at the Department of Trade and Industry held a seminar on 4 & 5 March 2019 at the office of the National Consumer Commission (NCC) to discuss consumer redress issues in the South African motor industry. Key role players, including SEESA, implicated in the process of consumer…
Automatic Termination of Employment Contracts – Not So Automatic
The use of a fixed-term contract to regulate the termination of an employment relationship, is legally acceptable and can be used where the nature of the employee’s work is for a limited duration or for a specific project. Employers sometimes include an automatic termination clause, whereby the fixed-term contract automatically terminates upon the occurrence of…
The benefits of eLearning in the workplace
The workplace skills gap is the gap between what employers want and what job seekers have to offer. It has a negative impact on the company’s operational performance and its overall growth, but employers do not always have enough resources to provide sufficient opportunities for learning to equip them with the skills and the knowledge…