Introduction There is an increasing trend of employees that resign with immediate effect ignoring their legal obligation to give the employer notice. When an employee resigns, the employer has no choice but to find and train a replacement employee. The purpose of the prescribed notice period is to give the employer the time he needs…
A Proper Pre-Hearing Investigation Is Essential Before Disciplinary Action
Introduction When an employer dismisses an employee, they must prove the dismissal was fair. This means that the employer must have followed a fair procedure, and the employee was guilty of misconduct. Conducting a proper pre-hearing investigation is one of the most important steps in ensuring a fair disciplinary procedure. The investigation should be done to…
The B-BBEE Draft Policy for the issuance of licences as per Section 22C of the Medicine Act has been published by SAHPRA.
The objectives of the policy are to integrate all the elements of B-BBEE into the relevant authority’s activities in relation to its function of issuing licenses as envisaged in section 22C of the Medicines Act.
Why disciplinary codes are essential for every business.
In South Africa, employers are legally required to have a disciplinary code. This code sets out the standards of conduct expected of employees and the consequences for breaches of those standards. A well-drafted disciplinary code can help employers to: Create a fair and consistent workplace. By having clear rules and procedures, employers can ensure that…
Are you claiming back your SDL from SARS?
Does your business have an annual payroll of above R 500 000? If so, then every month, 1% of your payroll expenditure goes to SARS in the form of a tax called the Skills Development Levy (SDL). The SDL is a tax on employers in South Africa, that funds employee training and development programs. The…
Beneficial Ownership
Beneficial Owners are anyone who owns 5% or more shares in a company. All companies must file their beneficial ownership documentation before the deadline of 30 September 2023 to avoid the risk of fines or imprisonment.
President assents to the Employment Equity Amendment Bill.
President Cyril Ramaphosa signed into law the Employment Equity Amendment Bill of 2020 on the 12th of April, 2023. The Amendment Bill seeks to advance the transformation of South Africa’s workforce by setting equity targets for economic sectors and geographical regions and requiring enterprises to develop transformation plans. The Bill amends the Employment Equity Act…
May A Data Subject Institute A Claim For Damages Against A Responsible Party For Not Complying With POPI?
Yes, a data subject may institute a civil action for damages in a court having jurisdiction against a responsible party for any breach of any provision of the Act as referred to in Section 73 of POPI, whether or not there is intent or negligence by the responsible party. It is, therefore, a no-fault liability…
Times Are Tough! Can I Reduce My Staff’s Working Hours To Save On Salaries?
Many companies and employers have been subjected to difficult economic conditions over the past few months. They are still reeling after the effects of the COVID pandemic and its devastating effect on our economy. Desperate times call for desperate measures, but can an employer reduce the working hours of his employees to decrease his payroll…
DYK – An Employee’s Retirement Age May Not Be Unilaterally Changed By The Employer?
According to Section 187 (f) of the Labour Relations Act (LRA), an employer cannot unfairly discriminate against an employee based on their age. When a retirement age has been agreed upon between the employer and employee in a contract of employment or through a pension/provident fund, it is a condition of employment between the parties….