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MIND THE ‘GAP’ OF LESS THAN ONE YEAR

Did you know that, in terms of Section 84 of the Basic Conditions of Employment Act (BCEA), previous employment with the same employer is taken into account when calculating an employee’s length of service, if the break between the 2 periods is less than 1 year. This becomes important when an employer determines an employee’s […]

WHEN ARE EMPLOYEES ENTITLED TO FAMILY RESPONSIBILITIY LEAVE

The Basic Conditions of Employment Act stipulates that an employee is entitled to Family Leave Responsibility when an employee’s child is born, when an employee’s child is sick, or upon the death of the employee’s spouse/life partner, or the employee’s parent, adoptive parent, grandparent, adopted child, grandchild or sibling. An employee is only entitled to […]

NEW ONLINE BUSINESS REGISTRATION PORTAL LAUNCHED

The Minister of Trade and Industry, Ebrahim Patel, attended the launch on the 4th November 2019 of the pilot phase of a new online business registration portal, “Biz Portal”, aimed at enabling entrepreneurs to register a business within a day in South Africa. For more information follow this link: https://businesslink.co.za/biz-portal-new-online-business-registration-portal-launched/business/?utm_source=Ricochet+Publishing&utm_campaign=369e2cd360-EMAIL_CAMPAIGN_2019_11_05_09_20&utm_medium=email&utm_term=0_d70cfd1b5e-369e2cd360-45529079 For professional legal advice contact […]

ARE SOCIAL MEDIA POSTS PRIVATE?

In employment, it is important to understand whether an Employer may lawfully access Facebook or other social media platforms of their employees.   If so, the further question arises as to whether the Regulation and Interception of Communications Act (the Act) applies to social media. The trend in case law is that there is nothing […]

RESIGNATION IN THE FACE OF DISMISSAL

It happens that an employee resigns with immediate effect after being served with a notice to attend a disciplinary hearing.  The contract of employment however sets out that the employee may only resign on four weeks’ notice. The question therefore arises as to whether it is possible to hold an employee to the notice period […]

3 FREQUENTLY ASKED QUESTIONS REGARDING RESIGNATION

Although a well drafted contract of employment sets out when a contract of employment may be terminated, most contracts do not cater for the manner in which an employee is to resign. The following questions arise: Is a verbal resignation sufficient? The Basic Conditions of Employment Act sets out that a resignation is to be […]

NEW PRESCRIBED RATE OF INTEREST

The prescribed rate of interest has dropped from 10.25% to 10% per annum, effective from 1 September 2019.  In accordance with the provisions of the Prescribed Rate of Interest Act, the interest on debts is calculated at the repo rate plus 3.5%, unless a different rate is prescribed by law, trade custom or agreement between […]

IS YOUR COMPANY POPIA COMPLIANT?

With the implementation of the Protection of Personal Information Act, 4 of 2013 (“POPIA”) looming, it is crucial to determine whether your Company is POPIA complaint. The crux of POPIA   There are broadly four aspects of POPIA that need to be considered in order to determine whether your Company is required to be POPIA […]