Pretoria – A newly created Employment Equity Template is set to make reporting by employers to the Department of Labour easier.
Hundreds of employers in the Free State were encouraged by department officials to take advantage of the template at a road show in Bloemfontein.
Assistant Director in the Employment Equity Directorate, Themba Nkosi, said for employers to report adequately, they must take full advantage of an employment equity forum that includes workers inputs and an Employment Equity plan.
Nkosi said the objective of the employment equity regulated templates are to provide assistance on how to conduct an EE analysis as well as provide guidance on how to develop an Employment Equity plan.
He said employers must consult parties about conducting the analysis as per section 19 of the Act.
Nkosi said a designated employer must
A subject that is mired in misunderstandings, wishful thinking and bad market intelligence is the issue of a Restraint of Trade.
When you enter corporate territory, you can appreciate that the company is going to want to protect their hard earned IP, trade secrets, methodologies etc. In fact, it’s quite flattering that you are important enough to them that they would want to keep you on board. But of course this responsibility comes with pro’s and con’s.
A Restraint of Trade is a contract, agreed between an employer and employee, which places restrictions on the employees future activities or employment should they decide to leave the business.
Restraints are used to provide the employer with reasonable and legitimate protection against the exploitation of its proprietary interests, most commonly its confidential information, trade connections and goodwill.
While the inclusion of a restraint agreement, from a commercial perspective is understandable, the agreement also has to be reasonable. An employer cannot prevent an employee from earning a living. So while restraints are regularly upheld by the courts, they should be proven to be justifiably necessary in order to protect the interests of the company, plus, the interests which the company seeks to protect, should be clearly identifiable.
Four of the most common misconceptions around restraints of trade are -
Read more: Restraint of Trade - "The Good, The Bad & The Ugly"
Pretoria - Labour Minister Mildred Oliphant says she is pleased with the promulgation of the Employment Services Act, 2014, which took effect from 9 August 2015, coinciding with Women’s Day in South Africa.
“It is significant that this promulgation will enable Public Employment Services to be provided free of charge to the general public and will assist in reducing the costs associated with recruitment and selection processes,” the Minister said.
The Minister said equally significant was that the promulgation enables her to establish the Employment Services Board to regulate Public Employment Agencies and Temporary Employment Agencies.
The Employment Services Board will, amongst others, be expected to advise the Minister on registration of work seekers, employment of foreign nationals and employment schemes regulations.
The promulgation further provides legal status to
Shortcut to High Court makes CCMA and Labour Court redundant!!
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address:
The Labour Relations Act (LRA),provides that “every employee has the right not to be-
(a) unfairly dismissed; and
(b) subjected to unfair labour practice.”
Section 188 of the LRA deems a dismissal to be unfair if the employer fails to prove-
(a) that the reason for the dismissal is a fair reason; and
(b) that the dismissal was effected in accordance with a fair procedure.
This section explains neither what is meant by “a fair reason” nor what a “fair procedure” is. However, fairness guidelines have been
EXTREMELY PUNITIVE PENALTIES FOR SEXUAL HARASSMENT
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address:
After the Real Security case dealing with sexual harassment was reported some years ago I warned employers of the dire consequences for their business if they do not take decisive preventive action. In that case the unfair discrimination claim was based on the law that
Read more: Extremely Punitive Penalties for Sexual Harassment
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