On 16 October 2018, the South African Department of Labour issued Government Notice No. 1105 regarding the implementation of the Compensation Fund’s New Assessment Model. Currently the Compensation Fund assess employers on the basis of the industry they operate in, and are assigned a specific assessment class for the basis of determining their liability to... Read More
Law
Consent, as one of the justification grounds for lawful processing of information, can frequently be interpreted as meaning that one simply needs to obtain a “yes” from a data subject. This is not the case. The Responsible Party will always bear the burden of proof in that consent has been properly obtained from the data... Read More
Workplace discrimination is defined as a work environment that exhibits bias or discriminatory behaviour in the treatment of the employees based on a number of varying factors, such as marital status, gender, pregnancy, sexual preference, race, colour, nationality, disability, belief, or age. Such discrimination occurs at all stages and levels within an organisation, from employment... Read More
It is that time of the year when employers start planning for the company’s Year-End Function. Unfortunately, you will always have that small group of employees who consume too much alcohol and gather enough courage to air their grievances with management or colleagues. These confrontations often end in physical fights or verbal abuse in plain... Read More
Employers are often faced with allegations of being inconsistent in the application of a rule, be it late-coming or negligence or any other form of misconduct. As per Schedule 8 in the Code of Good Practice – Dismissal, in order to succeed with a substantively fair dismissal for misconduct, an employer must be able to... Read More
A tender refers to the process whereby governments invites bids for large projects that must be submitted within a prescribed deadline. During this process, an offer, bid, proposal or expressing interest in response to an invitation are made. It is important for all potential bidders to familiarize themselves with the tender process and principles in... Read More
Employers are of the view that registration at the Unemployment Insurance Fund (UIF) is voluntary and are usually faced with interest and penalties payable by them for non-compliance or non-payment. The purpose of the fund is to give short-term relief to employees or their dependents when they become unemployed or are unable to work for... Read More
Employers often suspend employees in frustration without following the correct procedure, when the employee commits an act of misconduct. It is important to follow the correct procedure when considering suspending the employee in anticipation of a disciplinary hearing and to only suspend for justifiable reasons as the contrary can result in an unfair labour practice.... Read More
Continuing advances in technology have allowed consumers more freedom in how they connect, interact and transact. The ripple effect of this means that the gate has been opened to non-consensual information sharing and unsolicited direct marketing to consumers. Direct Marketing is defined as follows: Approaching a person, either in person or by mail or any... Read More
Bumping is when employee A who is at risk of being retrenched ‘bumps’ employee B out of his/her position and employee B gets retrenched instead. Bumping is utilized to retain senior, valued staff members who opt to move to a more junior position to remain in the companies’ employ. Bumping has 2 forms namely horizontal... Read More
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