Stuff Employers Should Know

Are audit findings keeping you awake at night? Is your payroll legislatively compliant? The end of the tax year is fast approaching, today we will discuss processes to follow to end off the tax year with an error free payroll. 

Are you ready for your next external audit? Internal audit of your payroll can help reduce audit findings against your organization and better prepare your company for their audit. Are you tired of inaccuracies and errors within your payroll on a monthly basis? Its time to embark on an internal payroll audit.

LabourNet Cape Town's Payroll Manager, Simeon Carter talks to us about the advantages of Employee Tax Incentives (ETI) and how it can save your business money!

LabourNet Cape Town's Payroll Manager, Simeon Carter talks to us about the differences between Payroll outsourcing and in-house processing and how they can benefit your business.

Senior Health and Safety Consultant, Morne Oosthuizen, tells us how the incident management and investigation process provides organisations with an insight into the effectiveness of their health and safety management system. The process should be used to solve health and safety problems, reduce the risk of workplace injuries and transform an organisation from traditional and reactive, to proactive management of health and safety.

In 1948, the United Nations defined 30 articles of human rights which at their core were based on humanity, freedom, justice, and peace. This became a roadmap for how a lot of legislation was drafted, promulgated, and implemented the world over for years to come. As technology and society have developed, so too has the legislation developed to support, control, and protect the rights of individuals and organisations and the information concerned. We now find ourselves in a world where data protection rights and data privacy are at the forefront of legislative compliance. However, while data protection in South Africa is seemingly new legislation, its inception has been long coming.

The first in our new series of episodes with Lehan Goosen, talking to us about Strike Action!

We are joined by LabourNet Skills and Equity Product Manager, Linda Madida who takes us through the changes in SETA regulations.

Adri Louw joins BGD for the first monthly show discussing all hot topics and cases in Labour Law. 
As the scourge of electricity load shedding seems to be ongoing, what impact does this have on employers and employees? 

Samantha Walker and Sasha Tulshi take us through the "Dangers Of Email'' and discuss the recent case, Hawarden v Edward Nathan Sonnenbergs Inc (13849/2020) [2023] ZAGPJHC 14 (16 January 2023),  which has caused quite the stir.

In this first episode of SESK for 2023, BGD discusses the exceptional circumstances where an employer can terminate employees for misconduct without a disciplinary hearing.

Cases Discussed:
Mphepya v The South African Weather Service (2010)
Lefu & Others V Western Areas Gold Mining Co Ltd (1985) 

It's been a year since the inception of our Stuff Employers Should Know Podcast! And what better way to celebrate than to give our new listeners a rerun of our most popular episode thus far! Thank you for your support, we'll be back i  January 2023!

Employee’s sharing their pay slips and other conditions of their employment with their fellow employee’s can cause much unhappiness and disruption in an employer’s workplace where discrepancies in earnings may exist. But can an employer take action against an employee for doing so? And is it a breach of confidentiality? 

The year-end office party has gained legendary status of being the epicenter of office debauchery and bad behavior. In this episode we discuss what employers should do in the run up to their year end party, or any office party, to prevent any possible HR nightmares.

Case law referenced:
Campbell Scientific Africa (Pty) Limited v Simmers and others [2015] JOL 34906 (LAC)

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? Click here to find out!

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/

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 it's struggles.

You can contact them via email on popi@labournet.com

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)

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.

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).

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!