Employers often ask questions regarding the guidelines to be followed when employees refuse to acknowledge receipt of any labour related document. A labour related document can be regarded as contracts of employment, disciplinary code, company rules and policies, disciplinary procedure documents, retrenchment documents, incapacity procedure documents etc. The most common practices will be discussed below:…
Category: In-depth
The Right To Return Goods
The general misconception amongst many consumers is that the right to return goods (Section 20 of the Consumer Protection Act) applies regardless of the reason for the return. Therefore suppliers are often bullied into accepting returns even when there is no obligation on them to do so. It is quite clear from Section 20 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…
Selling second hand goods: The supplier’s responsibility
According to the Consumer Protection Act (CPA), consumers have the right to suitable, quality products. When selling second-hand goods, suppliers often merely cites “voetstoots” and the consumer is expected to accept the goods as it is presented to them. However, the CPA protects consumers’ rights by placing specific obligations on the supplier to provide good…
Scope of Application and what it means for your business
It is very important for a business to be aware of which Broad-Based Black Economic Empowerment (B-BBEE) Codes are applicable to their specific business. The following amended Sector Codes have been gazetted by the Department of Trade and Industry to date: Agriculture Construction ICT (Information Communication and Technology) Finance MAC (Marketing Advertising and Communication) Property…
Constitutional court puts temporary employment services (TES) in their place
In March 2015 SEESA published a newsletter reporting on the amendments to the Labour Relations Act (LRA) that drastically impacted the practices of Temporary Employment Services (TES), a.k.a. labour brokers. In that newsletter we predicted the industry’s extinction. Now, with the Constitutional Court’s ruling on TESs in July 2018, the industry as we know it…
Religious Freedom In The Workplace
The Right to Freedom of Religion is enshrined under Section 15 of our Constitution as such it is a listed ground. This means that if an employee alleges discrimination based on his religious beliefs the onus rests on the employer to disprove this allegation. The employer could be the State or a privately owned company….
The Employers Guide to: Employees resigning with immediate effect
There are prescribed periods of notice that each employee must give when they terminate their employment. These periods are governed by the Basic Conditions of Employment Act (BCEA) or applicable Main Collective Agreement from a Bargaining Council which applies to the Industry or Sectoral Determination. Each Bargaining Council also has their own notice periods which…
B-BBEE Restructuring – Pitfalls to avoid
Most Broad-Based Black Economic Empowerment (B-BBEE) Sector Codes have been amended and are currently in effect. There is a great need for businesses to become B-BBEE compliant. In order to do these many companies are considering restructuring to assist with compliance, but if this is not done properly the process could actually cause more harm…
The Forfeiture Of Annual Leave
Employers are often faced with a situation where an employee has not taken leave over a prolonged period of time and demands payment in respect of the accrued leave upon termination of the employment contract which often amounts to large sums of money. The Basic Conditions of Employment Act 75 of 1997 (BCEA) affords an…