As we celebrate Data Privacy Day, it’s the perfect opportunity to reflect on your business’s POPIA compliance. Staying compliant is an ongoing process; regular reviews are essential to ensure your business remains compliant. While this isn’t a comprehensive checklist, here are some key steps to help assess your POPIA compliance: Every business must appoint an…
Category: Uncategorized
Medical Certificates: How to Spot a Fake and What to Do
Employees taking sick leave without valid proof of illness or submitting fake documents has become increasingly common. Section 23 of the Basic Conditions of Employment Act 1997 states that an employee absent for more than two days due to illness must provide a medical certificate from a registered medical practitioner. What is a Medical Certificate?…
To Bump or Not to Bump: Employer Obligations Explained
What is the principle of bumping, and are employers required to implement it when applying the “Last In, First Out” (LIFO) principle? This question was addressed in Fischer Tube Technik SA v Bayene and [2024] 9 BLLR 917 (LAC). What Happened in the Case? Two employees were retrenched because their positions became redundant. During the…
Understanding Union Rights in Your Business
All employees have the right to freedom of association and freedom of disassociation, as outlined in Point 18 of the Bill of Rights of South Africa. This means employees can choose to join a registered trade union if they wish. Rights of Trade Unions in the Workplace The rights a union has in your workplace depend on the…
How Section 22 of the CPA can benefit your business
The Consumer Protection Act (CPA) is designed to promote fair business practices, and one of its key provisions, Section 22, requires that all consumer agreements and documents be written in plain and understandable language. This section ensures that consumers can easily comprehend the terms and conditions of contracts, enabling them to make informed decisions and exercise…
When May You Legally Use Biometric Info Under POPIA?
Running a business often requires managing clients, suppliers, and employees. Technology can streamline these processes. Many businesses use biometric technologies, such as facial recognition or fingerprint scanners, for time management and employee monitoring. However, under the Protection of Personal Information Act (POPIA), the use of biometrics comes with strict conditions. What Are Biometrics Under POPIA?…
The Importance of a Letter of Good Standing
What is a Letter of Good Standing? A Letter of Good Standing is a document issued by the Compensation Fund confirming that the employer is compliant with the requirements stipulated in the Compensation for Occupational Injuries and Diseases Amendment Act, No 10 of 2022 (COIDA). In short, it confirms that the employer is in good standing with…
Ready for Employment Equity Inspections?
As a business owner or employer in South Africa, making sure you comply with the Employment Equity (EE) Act isn’t just about following the law—it’s about building a diverse and inclusive workplace. Recently, Labour Minister Nomakhosazana Meth highlighted the need for faster employment equity policies and announced plans to hire 20,000 labour inspectors to check…
What happens when employees misuse sick leave?
As an employer, you may wonder if you have any rights when an employee abuses sick leave. What if someone calls in sick but isn’t really ill? Two key cases, Woolworths (Pty) Ltd v CCMA and SARS v CCMA, help answer this question. Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2022) In this case, an…
The Importance of Proper Investigation and Charge Formulation
When charging employees, it’s crucial for employers to clearly communicate allegations and provide adequate information for preparation. The case of Murray and Roberts Cementation (Pty) Ltd v Association of Mine Workers and Construction Union obo Dube and Others (JA96 / 2022) highlights the importance of this practice. In this case, an employee was dismissed for poor work…