Stuff Employers Should Know

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Stuff Employers Should Know

New episodes every Monday Becoming an employer does not come with a manual.

Whether you're having a hard time keeping it together or need a little kick in the pants, this podcast will help. Get understandable and practical advice on how to deal with all aspects of the employment relationship from labour laws, recruitment, dispute resolution and navigating compliance

14/11/2022

It's time for a throwback with our first SESK Select episode.

Airing Monday 14th November 2022.

Tune in to our previous episodes via the link in our bio/below

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28/10/2022

The Basic Conditions of Employment Act defines "overtime" as the time that an employee works during a day or a week in excess of ordinary hours of work.
What are ordinary hours? and how is overtime compensated?
BGD is back in studio to take you through the common questions regarding managing overtime.

Are your overtime agreements still valid? https://www.buzzsprout.com/1892567/10270342

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

23/10/2022

Is there a limit to overtime work hours?

Airing Monday 24th October 2022.

Tune in to our previous episodes via the link in our bio/below

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10/10/2022

In this episode we're joined by LabourNet's Skills & Equity Product Manager, Linda Madida who takes us through a high leveled overview of the proposed employment equity amendments and how organisations can prepare for them!

For a different perspective on the Proposed Employment Equity Amendments read our blog via the link : https://www.labournet.com/the-future-of-employment-equity/

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09/10/2022

The Employment Equity act has some major changes coming up. What are they?

Airing Monday 10th October 2022.

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https://linktr.ee/SESKPODCAST

03/10/2022

The Information Compliance Team, Samantha Walker, Yumnah Dowlath and James Bradnick join us in studio teaching us how to apply solutions throughout the POPI compliance journey within an organisation to overcome its struggles.

You can contact them via email on [email protected]

Tune in via the link in our bio/below

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02/10/2022

Is POPI a once off "project" ?

Airing Monday 3rd October 2022.

Tune in to our previous episodes via the link in our bio/below

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30/09/2022

The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair. This was confirmed in Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC) on 9 May 2022.

However, is it that simple? BGD discusses how the courts have viewed the application of Section 187 (2) (b) of the Labour Relations Act which states that "a dismissal based on age is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity”.

Case Law (in order mentioned):

Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC)

Schweitzer v Waco Distributors [1999] 2 BLLR 188 (LC)

SACTWU & others v Rubin Sportswear [2003] 5 BLLR 505 (LC) & Rubin Sportswear v SA Clothing & Textile Workers Union and others. (2004) 25 ILJ 1671 (LAC)

Cash Paymaster Services (Pty) Ltd v Browne [2006] 2 BLLR 131 (LAC)

Karan t/a Karan Beef Feedlot v Randall [2012] 11 BLLR 1093 (LAC)

Bank v Finkelstein t/a Finkelstein and Associates [2016] ZALCJHB 428 (LC)

Tune in via the link in our bio/below

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25/09/2022

Employment age limits?

Airing Monday 26th September 2022.

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24/09/2022

Yas has some questions that need answering when it comes to BBBEE in South Africa and who better to answer them than LabourNets National BBBEE Product Manager, Tamanna Sharma.

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

12/09/2022

BBBE questions that need answering!

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05/09/2022

What happens when an employee tenders their resignation, and then unilaterally seeks to withdraw their resignation?

BGD talks us through this question which was put before the Labour Court (LC) in the interesting case of Mohlwaadibona v Dr JS Moroka Municipality (Case No: J718/21) (18 March 2022).

Tune in via the link in our bio/below

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04/09/2022

Too late to change your mind about resigning?

Airing tomorrow, 5th September 2022.

Tune in to our previous episodes via the link in our bio/below

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03/09/2022

Simple in theory yet quite difficult in practice, BGD gives insight into the tried and tested "formula" to use when drafting disciplinary charges.

And remember... always be sufficiently particular!

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28/08/2022

Disciplinary Charges, keep it simple!

Airing tomorrow, 29th August 2022.

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24/08/2022

The Labour Court has found that the man had not intended to be dishonest when he went to his "mother’s" funeral twice as well as his "Son" despite not being the biological father.

BGD discusses the interesting case of Toyota South Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D 692/19) [2022] ZALCD 12 (14 July 2022)

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

15/08/2022

The Protection of Personal Information Act (“POPIA) has been in force for over 12 months. Organizations – private and public were given a one year grace period to become compliant. There are however still a lot of grey areas in terms of what compliance looks like or even how to practically interpret and implement this new legislation.

To get a better understanding of the practical side of POPI we are joined by POPI experts Samantha Walker and Chanel Sprieman.

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

14/08/2022

Struggling with POPI practice?

Airing tomorrow, 15th August 2022.

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12/08/2022

The recent unrest and protest action in the Tembisa community disrupted public transport leaving commuters stranded. Protesters "locked down" the community and many residents feared to leave their homes.

Many employers had employee's who were impacted or prevented from attending work as a result of the protests, but are employers still required to pay employee's who do not attend work, arguably due to no fault of their own?

Tune in via the link in our bio/below

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07/08/2022

Are protests stopping your employees from getting to work?

Airing tomorrow, 8th August 2022.

Tune in to our previous episodes via the link in our bio/below

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01/08/2022

In this episode BGD discusses the correct way to issue a notice to attend a disciplinary hearing.

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31/07/2022

Awkward moments!

Airing tomorrow, 1st August 2022.

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25/07/2022

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair.

However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy.

In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

24/07/2022

Employees refusing to be vaccinated?

Airing 25th July 2022.

Tune in to our previous episodes via the link in our bio/below

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18/07/2022

It is possible that the resignation by an employee may actually be found to be an unfair dismissal by an employer.

Bianca Venter join's Yas to discuss the concept of Constructive Dismissal and the circumstances where it may be found to be the case.

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

17/07/2022

Forced to resign?

Airing 18th July 2022.

Tune in to our previous episodes via the link in our bio/below

https://linktr.ee/SESKPODCAST

14/07/2022

Health minister Joe Phaahla published a notice in the Government Gazette early last week repealing the country’s Covid–19 regulations.

Amongst other things the regulation to wear a mask in public spaces is no longer in effect.

Since then Employers have been questioning whether they can still implement the health and safety policies they have put in place.

BGD answers this question by explaining the impact of the new Code of Good Practice on Managing exposure to SARS COV 2 in the Workplace.

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

11/07/2022

Mask on? Mask off?

Airing 11th July 2022.

Tune in to our previous episodes via the link in our bio/below

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07/07/2022

It is important for employers to be mindful of the obligations toward ensuring safe working environments for pregnant or breast-feeding employees in the workplace.

Attorney and Industrial Relations Specialist, Shameera Angamia, joins BGD to take us through the legal framework from the Constitution all the way through to the BCEA and case law.

Case Law:

Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd (2018) 39 ILJ 415 (LC)

Mahlangu v Samancor Chrome Ltd (Eastern Chrome Mines) (JA117/2018) [2020] ZALAC

Tune in via the link in our bio/below

https://linktr.ee/SESKPODCAST

03/07/2022

Is there a limit to the numer of pregnancies an employee can have?

Airing tomorrow, 4th July 2022.

Tune in to our previous episodes via the link in our bio/below

https://linktr.ee/SESKPODCAST

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Sandown

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https://stuffemployersshouldknow.buzzsprout.com/

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