At a recent public hearing on draft regulations proposed for data expiry and out-of-bundle billing, the National Consumer Commission (NCC) stated their view that data bundles should have a minimum expiry period of 3 years, in line with Section 63 of the Consumer Protection Act (CPA). In some cases in the telecommunications industry, data bundles…
Restraint of trade – is it worth the paper it’s written on?
All employers should consider whether or not to include a restraint of trade in an employment contract. Companies normally include a restraint to ensure the financial future of a business. This is done without proper consideration being made to the needs of the company, what a restraint entails, when a restraint is applicable or when…
Are our business owners using personal information lawfully?
With the Protection of Personal Information (POPI) Act still on billboards and in the news, most business owners are aware of it but they are still unsure of whether they are processing personal information lawfully. You might think, “How am I going to do what the POPI Act requires from me and grow my business…
The need for cultural sensitivity training in the workplace
As recently highlighted in the media, the South African public are still very sensitive and highly reactionary when it comes to advertising campaigns that can be interpreted as racially or culturally insensitive. As a result of this miscommunication and misinterpretation, there has been a loss of both time, money and, perhaps most importantly, it has…
A closer look at the Amended Agriculture Sector Code
The amended Agriculture (Agri) Sector Code was gazetted on 8 December 2017 and came into effect immediately. This Sector Code applies to any entity falling within the following scope of application: Primary production of agricultural products. Provision of inputs and services to Enterprises engaged in the production of agricultural products. Beneficiation of agricultural products, whether…
Everything you need to know about the new National Minimum Wage – soon to be a reality
After months of speculation over a compulsory minimum wage, the National Minimum Wage Bill was published on 17 November 2017 in the Government Gazette. Despite a long and complex parliamentary process, Government anticipated that the Bill will become an Act of Parliament by May 2018. What is the purpose of the proposed Act? The Act…
How to use Private Equity Funds to better your BEE score
Broad-Based Black Economic Empowerment (B-BBEE) Ownership has become a reality to most companies operating in South Africa. As a result of the pressure for businesses to produce not only compliant BEE certificates, but certificates which provide a good score on the procurement element of their client’s BEE ratings, together with the downgrading of the recognition…
The employers guide to: Alcohol and narcotics in the workplace
Many employers are faced with the problem of employees consuming drugs or alcohol at the workplace while on duty, or before reporting for duty, with all sorts of excuses such as it ‘is from the night before’ or it being ‘cough mixture’. How can employers best handle this situation? The solution is as simple as…
What does the POPI Act Draft Regulations mean for you?
After the Protection of Personal Information (POPI) Act Draft Regulations were gazetted in September 2017, they are expected to be published in April 2018 after comments and suggestions were considered. The Draft Regulations are basically more detailed rules and procedures on the practical application of the POPI Act. An assessment of the Draft Regulations demonstrate…
Ordinary working hours: be careful what you enforce
Employers often assume that their employees should be working 45 hours per week. Subsequently, they implement new contracts and use the phrase “but the law states you should be working 45 hours per week”. This is a common misconception in the workplace. While the Basic Conditions of Employment Act (BCEA) has certain prescriptions for working…