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Category: In-depth

Do you have a legal basis for processing personal information?

September 11, 2018 By Linda Erasmus

Section 11 of the Protection of Personal Information Act (POPI) “Consent, justification and objection”, forms part of the second condition for lawful processing, namely “processing limitation”. The purpose of this condition is to make the responsible party (the Party that determines the purpose of and means for processing personal information) aware that there are restrictions…

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Enhanced Recognition for EMEs and QSEs with 51% Black Ownership

September 3, 2018 By Linda Erasmus

An Exempted Micro Enterprise (EME) or Qualifying Small Enterprise (QSE) that qualifies for an automatic level 2 due to having 51% black ownership, is required to comply with 40% of the QSE Skills Development target as a compulsory priority element to avoid discounting. How to achieve level 1. The Amended Construction Sector Charter provides that…

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What to do when you suspect an employee is unsuited for the workplace

September 3, 2018 By Linda Erasmus

“Incompatibility arises when employees are unable to work harmoniously with their colleagues or are unable to adapt to the corporate culture of the workplace.” – John Grogan Any employer would say that it is an employer’s prerogative to have his or her employees conduct themselves in a harmonious manner for the benefit of workplace efficiency….

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Terms and Conditions must still apply

August 28, 2018 By Linda Erasmus

Most businesses ensure that their customers sign standard terms and conditions for service or goods delivery. Properly drafted and implemented terms and conditions prevent future disputes and provide the business with essential protection against non-payment and product or service liability. One cannot over-emphasise the need to properly explain the business terms and conditions to potential customers. The Consumer Protection Act 68 of 2008 (CPA)…

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What is the value of an employee’s leave?

August 28, 2018 By Linda Erasmus

The concept of annual leave and the accrual thereof is often well understood by employers, however, some employers have trouble calculating the actual amount of leave owed to the employee in Rand value, upon termination of employment. Employees working 5 days per week should get 15 working days of annual leave, which accrues at 1,25…

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The employers guide to: The Youth Employment Service

August 21, 2018 By Linda Erasmus

Gazetted on 29 March 2018, The Youth Employment Service (YES), intended to provide work opportunities for black youth between the ages of 18 and 35. This transformative endeavour by the Government aims to lower the increasingly high levels of unemployment in South-Africa to provide 12 month or fixed-term employment contracts. The YES initiative intendeds on…

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Alcohol In The Workplace – Misconduct vs Incapacity

August 21, 2018 By Linda Erasmus

Whether it is an employee reporting for duty under the influence of alcohol, consuming alcohol while on duty, reporting late for duty, being absent from work or simply failing to comply with basic duties and responsibility for reasons related to alcohol, every employer has, at least once, had to deal with alcohol-related offences. Where an…

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Everything you need to know about the Information Regulator

August 8, 2018 By Linda Erasmus

The Protection of Personal Information Act 4 of 2013 (POPI) which was signed into law on 19 November 2013 introduces an overarching regulatory framework for investigative and enforcement procedures to be followed by the Information Regulator where an allegation of a breach of the POPI Act is made. Even though the whole of the POPI…

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Getting Smart with: Poor Work Performance, Probation Periods and Fixed-Term Contracts

August 8, 2018 By Linda Erasmus

Poor work performance might be considered as an unfamiliar process to a lot of employers. The problematic part comes in at the inception of the employer-employee relationship, once the employer decides to hire a new employee. Not much is known about this employee’s working ability and the employer is left with nothing but his better…

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The Employers Guide to: Strikes and Its Remedies

August 6, 2018 By Linda Erasmus

In terms of Section 23 of the South African Constitution the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a…

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