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
Legal
Since the inception of the revised codes, companies have placed more time and resources into their Broad-Based Black Economic Empowerment (B-BBEE) journey. However, after 3 years companies have realised that arguably the most important sub-element of the B-BBEE scorecard is Preferential Procurement, under the Supplier & Enterprise Development element. Previously very little attention was given... Read More
Workplace policies are a specific set of rules or procedures that are followed within a company. These could contain detailed procedures that must be followed when performing daily duties and responsibilities, a health and safety procedure used in the event of an emergency or even a set of general rules that must be complied with,... Read More
Broad-Based Black Economic Empowerment (B-BBEE) legislation is important for businesses and has an impact on the operations of businesses. It is intended to stimulate the process of participation of previously disadvantage groups in the economy and lead to increased economic growth. It is important to note that BEE compliance is technically not compulsory for privately-owned... Read More
Employers often ask questions regarding the guidelines to be followed when employees refuse to acknowledge receipt of any labour related document. A labour related document can be regarded as contracts of employment, disciplinary code, company rules and policies, disciplinary procedure documents, retrenchment documents, incapacity procedure documents etc. The most common practices will be discussed below:... Read More
The general misconception amongst many consumers is that the right to return goods (Section 20 of the Consumer Protection Act) applies regardless of the reason for the return. Therefore suppliers are often bullied into accepting returns even when there is no obligation on them to do so. It is quite clear from Section 20 of... Read More
According to the Consumer Protection Act (CPA), consumers have the right to suitable, quality products. When selling second-hand goods, suppliers often merely cites “voetstoots” and the consumer is expected to accept the goods as it is presented to them. However, the CPA protects consumers’ rights by placing specific obligations on the supplier to provide good... Read More
It is very important for a business to be aware of which Broad-Based Black Economic Empowerment (B-BBEE) Codes are applicable to their specific business. The following amended Sector Codes have been gazetted by the Department of Trade and Industry to date: Agriculture Construction ICT (Information Communication and Technology) Finance MAC (Marketing Advertising and Communication) Property... Read More
In March 2015 SEESA published a newsletter reporting on the amendments to the Labour Relations Act (LRA) that drastically impacted the practices of Temporary Employment Services (TES), a.k.a. labour brokers. In that newsletter we predicted the industry’s extinction. Now, with the Constitutional Court’s ruling on TESs in July 2018, the industry as we know it... Read More
The Right to Freedom of Religion is enshrined under Section 15 of our Constitution as such it is a listed ground. This means that if an employee alleges discrimination based on his religious beliefs the onus rests on the employer to disprove this allegation. The employer could be the State or a privately owned company.... Read More
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