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SOUTH AFRICA

Impimpi Alive - whistleblowing system for minimum wage defaulters
Impimpi Alive - whistleblowing system for minimum wage defaulters

The DOL has developed a new system that will allow employees to report companies that fail to comply with the National Minimum Wage Act...

By Jacques van Wyk 10 Apr 2019

SOUTH AFRICA

Risks of the virtual workplace and how to minimise them
Risks of the virtual workplace and how to minimise them

More and more businesses are expanding into a virtual world, which has advantages for employers and employees alike, but challenges and risks too...

By Rosalind Davey 7 Mar 2019

SOUTH AFRICA

Defining the lines for automatic transfer of employees
Defining the lines for automatic transfer of employees

Do employees automatically transfer from an old service provider to a new service provider when the client replaces the one with the other...?

By Johan Botes 4 Oct 2018

SOUTH AFRICA

You can't fire me, I resign!
You can't fire me, I resign!

The past year has seen many high level execs resign rather than face a disciplinary inquiry. This raises the question: does a company have any right to reject a 'resignation with immediate effect' and make the employee go through the disciplinary process...?

By Shan Radcliffe 19 Mar 2018

UNITED STATES

How to run a business while pursuing a personal injury claim
How to run a business while pursuing a personal injury claim

If you own a business, approach your pending personal injury claim in the same way that you'd run your company...

By Boris Dzhingarov, Issued by Monetary Library 16 Oct 2017

UNITED STATES

Boris Dzhingarov
Things that small business owners should know about health insurance

Any company that has no less than two but no more than fifty full-time employees is classified as a small business. If you operate a small business, you have to know what the rules are when it comes to health insurance.

By Boris Dzhingarov, Issued by Monetary Library 19 Apr 2017

SOUTH AFRICA

Boris Dzhingarov
Key reasons you should hire an employment lawyer

If you are an employee who finds themselves a victim of sexual harassment or unfair labour, you'll want to quickly hire an experienced employment lawyer to defend you and your case...

By Boris Dzhingarov, Issued by Monetary Library 23 Nov 2016

SOUTH AFRICA

Enterprise supplier development provides win-win in MAC Codes
Enterprise supplier development provides win-win in MAC Codes

Partnering with small business while still maintaining service delivery standards need not be an insurmountable challenge...

By Dharmesh Nagar 5 Jul 2016

SOUTH AFRICA

Understanding the legalities of overtime
Understanding the legalities of overtime

The Basic Conditions of Employment Act sets out some clear, realistic laws governing overtime that all employers must heed. This legislation does a good job of balancing the rights of employees and the needs of businesses to avoid contention between employers and employees...

By Madelein Taljaard (van der Watt) 21 Apr 2016

SOUTH AFRICA

Boris Dzhingarov
You need contracts for all the work that you do

In many situations you'll find yourself facing a timeline or another big project piece being modified. Whenever this happens, a written agreement needs to be signed, besides the initial contract that you hopefully signed...

By Boris Dzhingarov, Issued by Monetary Library 4 Apr 2016

SOUTH AFRICA

Delays in retirement reform may harm South Africa's economic stability
Delays in retirement reform may harm South Africa's economic stability

The Payroll Authors Group of South Africa has expressed concern about recent reports that indicate that the implementation of the new tax harmonisation and preservation rules for retirement funds may be once again postponed...

By Rob Cooper 16 Feb 2016

SOUTH AFRICA

Jenny Reid
Criminal record expunging: Saving grace or catastrophic lapse in judgement?

Another stark reminder of how seriously our justice system takes qualifications fraud presented itself earlier this month when former police spokesman Vincent Mdunge was sentenced to five years imprisonment...

By Jenny Reid 29 May 2015

SOUTH AFRICA

Rights and responsibilities of the Occupational Health and Safety Act
Rights and responsibilities of the Occupational Health and Safety Act

People are the most important asset of any organisation, and all employees are entitled to the highest consideration for their safety while in the workplace...

By Rhys Evans 27 May 2015

SOUTH AFRICA

Harry Welby-Cooke
Why the new BBBEE codes are good for your business

Many entrepreneurs find the BBBEE Codes of Good Practice overwhelming and confusing, so they've been ignoring them until now...

By Harry Welby-Cooke 8 Apr 2015

SOUTH AFRICA

Extension for Compensation Fund returns gives SMEs some breathing space
Extension for Compensation Fund returns gives SMEs some breathing space

The Department of Labour has extended the deadline for Return of Earnings for employers registered with the Compensation Fund to 31 May 2015. These returns are usually due by the end of March each year...

By Madelein Taljaard (van der Watt) 30 Mar 2015

SOUTH AFRICA

Professor Paul Benjamin
Change in law may lead to big claims

A change to the Basic Conditions of Employment Act, which came into effect on 1 September 2014, could have a big effect on practice in the CCMA and on employers who face claims of underpayment.

By Professor Paul Benjamin 5 Nov 2014

SOUTH AFRICA

Jacques van Wyk
Draft Code of Good Practice on equal pay for work of equal value

The Minister of Labour published the Draft Code of Good Practice on equal pay for work of equal value ('Draft Code') on 29 September 2014. The Draft Code is available for public comment until 31 October 2014.

By Jacques van Wyk 29 Oct 2014

SOUTH AFRICA

Dismissals must be based on fair reasons
Dismissals must be based on fair reasons

Despite the allowance that dismissals for poor performance during or on the expiry of the probationary period may be based on less compelling reasons than would be required after the probationary period, the principle that dismissals must be based on fair reasons still stands.

By Jacques van Wyk 4 Apr 2014

SOUTH AFRICA

Fundamental changes to SA's BBBEE framework
Fundamental changes to SA's BBBEE framework

Amendments to the Codes ("Amendments") were published in the Government Gazette on 11 October 2013. The Amendments state that they will take effect "within twelve months" from the date of their publication and this is understood as providing a one year transitional period before the Amendments take effect (presumably this means 11 October 2014).

By Pieter Steyn 31 Oct 2013

SOUTH AFRICA

Is there an obligation on black-owned businesses to transform?
Is there an obligation on black-owned businesses to transform?

The revised Broad-based Black Economic Empowerment Code of Good Practice (the "RCoGP") has highlighted government's desire to see more small black businesses gaining access to economic opportunity.

By Olga Meshoe 30 Oct 2013

SOUTH AFRICA

Jacques van Wyk
Can an employee be disciplined while on sick leave?

If an employee is genuinely sick, an employer must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his or her case in response to the allegations brought against him or her.

By Jacques van Wyk 29 Aug 2013

SOUTH AFRICA

A Maslow’s Hierarchy of Needs view to resolve transformation issues
The revised codes are difficult, but what are they trying to achieve?

You might have looked at the Revised Codes of Good Practice (RCoGP) through a business lens, and realised they were so difficult to score on, that they left you wondering what they were trying to achieve, and if this was a step in the right direction or just too large a chasm to leap.

By Dr Robin Woolley 29 Aug 2013

SOUTH AFRICA

Johan Botes
Concern over increase in trade union applications

Late last week the Department of Labour expressed its concern regarding the dramatic increase in South African trade union applications. This expression of concern should be welcomed by the industrial community.

By Johan Botes 24 Jul 2013

SOUTH AFRICA

Strengthening unions may be better than trying to destroy them

Strike season begins from May Day to September each year in South Africa and, after a harrowing strike year in 2012, it does us well to reflect. South Africa today has 193 unions, of which 110 are not affiliated to the main four federations. We had a situation, beginning with democracy, of the government and business poaching talent from unions and promoting them.

By Liza van Wyk 29 Apr 2013

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