- 13 Ways to protect your employees' information and stay on the right side of POPI
- Just as you have a right to protect your company's privacy, so your employees have a right to privacy too. And since the President signed the Protection of Personal Information Bill (POPI) last month, you now have a legal duty to protect your employees' information!
Here are the top 13 ways you can keep your employee's information safe and sound...
The 13 best ways to protect your employee'... ››› more
- [31 March 2017]
- If an employee lodges a complaint of racism... You have to take it seriously. Otherwise you're guilty of unfair discrimination!
- Now, I know you know you can't discriminate unfairly against any employee in the workplace. But what happens if one employee discriminates against another because of race?
What are your duties when it comes to this?
I'll tell you in a moment, let's first look at what racism is...
What is racism?
Racism is a form of unfair discrimination and includes:
Ethnic... ››› more
- [23 March 2017]
- Oops... You promoted the wrong guy! Now what?
- Peter has been your star employee for years. He's reached his targets and been a great benefit to your company. So you promoted him. You gave him more responsibility, and even some other employees to manage.
He seemed like the perfect choice for the promotion. But now he's just not cutting it. He's not meeting his deadlines and his overall performance has taken a radical nose dive!
You've tr... ››› more
- [10 March 2017]
- Easter, Hanukkah and Ramadan... What you need to know about religious leave so you don't end up in Court!
- Easter's almost here! And If you're a Christian, it's a very big deal. If you're Muslim, Easter isn't something you celebrate, nor is Christmas, but Christian Public Holidays are given to everyone - no matter what their religious belief.
So with this in mind, the question crops up... Do you have to give an employee leave when it comes to his religious beliefs and practices?
Let's have a lo... ››› more
- [09 March 2017]
- If you don't protect your employees' information it could cost you R10 million!
- You have a legal obligation to protect your employees' data and personal information. This is according to the Protection of Personal Information Act, or POPI. If you don't, you could spend 10 years in jail or pay a R10 million fine!
And while we're waiting for the President to confirm the effective date, you'll only have a year to make sure you're doing everything you can to make sure you're ... ››› more
- [09 March 2017]
- Are you struggling to implement EE in your company? Here are six practical ways to make sure you're 100% compliant...
- The 26 changes to the Employment Equity Act are in full force. And, if you aren't complying, you could face fines of up to 10% of your annual financial turnover.
In fact, in a previous Bulletin, Janine told us about the increase in the number of Director-General audits this year compared to the same timeframe last year...
And since an EE audit can prove a nightmare for your business if it ... ››› more
- [02 March 2017]
- Missing deadlines - insubordination or not? And two common employee behaviours you need to worry about
- Insubordination is when your employee doesn't obey a direct and specific order from you - his manager.
This form of behaviour has no place in your workplace, it's destructive and it undermines your authority.
So how do you deal with it? Well, the best way to handle insubordination is to address it in its very early stages. To do that, you need to be able to identify what types of behaviour... ››› more
- [20 February 2017]
- 500 New labour inspectors deployed - one is knocking at your door... Here are the FIVE things he'll check...
- Towards the end of 2015, the Department of Labour hired 500 extra labour inspectors in Johannesburg alone.
And what's on their agenda? To catch as many companies as possible who aren't complying with the over 70 changes to the labour laws that happened in the last few years!
The scary part? A labour inspector can go into any workplace at any reasonable time to check and enforce compliance ... ››› more
- [20 February 2017]
- Does the death of an 'in-law' qualify for family responsibility leave?
- How often have you had this question: 'My brother-in-law passed away and I need to take family responsibility leave go to the funeral'.
And what is your immediate reaction? Yes? No?
If your answer is 'no', then you're 100% correct!
Let's see why...
Case Law: Public Servants Association on behalf of Jonase and Department of Justice
& Constitutional Development (2011) 32 ILJ 1271 (BC... ››› more
- [13 February 2017]
- Four occasions when you can dismiss for insubordination
- John just told you to 'get knotted'.
Mary ignored your direct instruction and Peter just cost you one of your biggest clients for not doing his job properly.
These are all cases if insubordinations and it's always such a tricky subject because it's so difficult to prove. And that's why it's so difficult to dismiss for it! Keep reading to find out when an employee's being insubordinate and... ››› more
- [30 January 2017]
- Don't hire the wrong employee
- I'm sure you know the best potential employees prepare for an interview. They study, they research and they rehearse. They think about what they can say to make you hire them over anyone else.
But what about you?
Do you make sure you're prepared to ask the right questions? Do you get the right information from the candidate to make sure he can do the job? If not, you could be hiring the wr... ››› more
- [09 January 2017]
- A much needed clarification: How to distinguish absenteeism from desertion
- Do you know when an employee's absence changes from absence without permission (AWOL), to actual desertion? In case you don't, we want to tell you that courts see these as two separate offences, and so must you.
What's the difference between absenteeism from desertion?
Absenteeism is generally a short period of time off without the employee getting permission. In this case, he... ››› more
- [03 January 2017]
- Do you ask all candidates to show you a copy of their previous payslip? Is this legal?
- We all do it... We ask to see a potential employee's payslip. But this practice can quickly sour the recruitment process if you ask to see salary payment information at the offering stage.
Well, because employees often feel you should pay them what they're worth - and not based on their previous earnings.
Keep reading to find out what a study revealed...
Need to recruit ... ››› more
- [03 January 2017]
- Can Sarah refer the matter to the CCMA if her grievance remains unresolved?
- Your employee, Sarah, lodges a complaint in writing as per your grievance procedure.
She explains to you that she's not happy because her office is in a noisy area and she can't do her work properly.
You investigate the matter and you find there's nothing you can do about the noise because the company next door is doing renovations and you can't stop them.
As a result, Sarah's grievance r... ››› more
- [19 December 2016]
- Ask yourself these 5 questions to mare sure your employee's dismissal is substantively fair
- Do you have an employee that you want to dismiss, but aren't sure if it's substantively fair? Here's how to make sure it is so you don't pay thousands in compensation if your employee takes you to the CCMA.
Substantive fairness means there's a fair or valid reason for you to dismiss an employee.
If you dismiss your employee and the reason is automatically unfair, you may be ordered to rein... ››› more
- [13 December 2016]
- Always ask these five questions when disciplining or dismissing employees to ensure substantive fairness
- Can your employee take you to the CCMA even if he resigns from employment? Yes, he can!
He can claim you forced him to resign. And if the CCMA finds in his favour, you'll be forced to pay your employee compensation. This could cost you thousands of rand This type of dismissal is referred to as a constructive dismissal.
Read on to discover the four examples that constitute to a... ››› more
- [07 December 2016]
- The one way to make sure your HR policies, procedures, practices and contracts are legal and up to scratch for 2017
- I know I'm always on about how important it is to have policies and procedures in place. They form the backbone of your company's rules and regulations. But if they aren't legal, they aren't worth the paper you print them on!
You must review your policies regularly to ensure they're current and useful. 'How?' you may ask... with an HR Audit!
Use the 12 steps below to do an audit of your HR ... ››› more
- [30 November 2016]
- Three reasons employees dislike performance appraisals and how you can change this to your advantage....
- It's no secret... Most employees dislike performance appraisals.
The thought of going through the process makes them nervous, and question if they're performing. They just dread the whole thing and want to get it over and done with.
But, have you ever wondered why employees dislike performance appraisals? Keep reading to find out three reasons employees dislike performance appraisals and h... ››› more
- [29 November 2016]
- "I quit with immediate effect" What are your rights with an employee who doesn't give notice?
- Have you ever had an employee resign with 24 hours' notice and then just walk out on you?
He doesn't bother giving you the legally required notice period... And he hasn't even done a proper handover.
Let's look at what the Basic Conditions of Employment Act says about this...
Let's look at what the BCEA says about this…
When it comes to notice periods, it says you ca... ››› more
- [28 November 2016]
- Can you tell me what I should put in my employee's personnel file?
- We often get questions about employee personnel files...
1) What should I keep?
2) How long do I have to keep them for?
3) And what will happen if I don't?
Today I wanted to answer some of these questions for you - so keep reading to find out...
One in three employment contracts put the employer at a disadvantage
The... ››› more
- [23 November 2016]
- Three ways to make sure you give your employees the right amount of annual leave this December!
- With December only a couple of weeks away, there's no doubt your Inbox will be flooded with your employee's leave requests.
We receive so many questions about how to work out leave at this time of year. But do you know how to handle annual leave correctly?
Read on to find out how much annual leave your employees are entitled to...
All your annual leave qu... ››› more
- [17 November 2016]
- Checklist: Eight Requirements for a fair hearing
- So, you need to have a disciplinary hearing for an employee... But did you know that all disciplinary hearings must be procedurally fair? This means the process you use for disciplining or dismissing an employee must be fair. These processes or procedures include:
Giving the employee counselling and prior warnings;
Following processes of corrective meetings or disciplinary hearings;... ››› more
- [16 November 2016]
- Have you amended your domestic worker's salary for December?
- There's been a recent increase in the minimum wages for domestic workers. It comes into effect on 1 December 2016 and will apply until 30 November 2017. This increase is part of an annual binding determination by the minister in terms of the Basic Conditions of Employment Act.
But before you increase the wages, you must know which Sectoral Determination you fall under. Let's have a look.... ››› more
- [15 November 2016]
- Turn a poor performing employee into a star performer with the one way to give negative feedback constructively....
- If you give employees bonuses and increases in December, you've probably started scheduling your review meetings and looking at your employees' performance.
One of the least enjoyable parts of a review is having to give an employee negative feedback. Because we tend to see negative comments as criticism. And none of us like to be criticised. So what do you need to remember when giving your emp... ››› more
- [09 November 2016]
- Is there a Stinky Sue in your company?
- At this time of year, we all tend to over indulge a little - be it that extra helping of garlic snails during a client lunch, or the extra shot (or two) of alcohol.
And there's going to come a time when you need to approach an employee about the rather potent odour seeping through her pores - be it now, or in the future. To be fair, we all indulge in a smelly meal every now and then. But what ... ››› more
- [08 November 2016]
- Six rules to stick to when deducting money from an employee's salary
- We recently received a question from an employer who wanted to know if he could deduct damages from his employee's salary for damages to a company truck he was driving. They believe he was negligent because he didn't report that the truck's clutch wasn't working and drove even though the clutch was broken. They were going to hold a disciplinary hearing and, if he's found guilty want to deduct the ... ››› more
- [04 November 2016]
- Three golden rules to help you write 100% legally compliant HR policies and procedures
- Having all your HR policies and procedures in place is one of the best things you can do for your business.
They'll help you deal with disciplinary and performance issues as well as employee grievances. This means you'll always act in a fair manner. And avoid the risk of disputes and landing up at the CCMA for unfair labour practices.
But you can only reap these benefits if yo... ››› more
- [02 November 2016]
- Five areas to tread carefully when you're hiring to avoid a CCMA case
- Getting the right people on board in your business is very important. Especially since it isn't always that easy to dismiss people once you've hired them! You can use application for employment forms to ask applicants a range of questions to help you when you're recruiting. But you have to make sure you can legally ask the questions... Because an employee can take you to the CCMA for unfair discri... ››› more
- [31 October 2016]
- Five important performance management tasks you can't neglect
- Performance management is more than just a process to document and deliver feedback, coaching and ratings. When you go beyond the basics, it becomes a powerful tool to help employees develop and achieve their full potential, and improve productivity within your company.
Follow these five tasks as part of your performance management process...
Three easy steps t... ››› more
- [20 October 2016]
- Case law: Can you dismiss an employee for lying? Yes!
- Lying is a form of dishonesty and depending on the circumstances may be serious enough to warrant dismissal. This is because it could make an employment relationship intolerable because it damages your ability to trust the employee.
Find out how the Mosselbay Municipality won their dismissal case because of an employee's dishonesty...
Mr J van der Merwe vs Mosselbay Municipality (2009) 18 SA... ››› more
- [20 October 2016]