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The Western Cape office of the Consumer Protector received just more than 9 000 complaints from the public last year and resolved 6 000 of them.

While thousands more are still being processed, the 20 which have resulted in stalemates between the complainants and the companies will be the first cases referred to the tribunal.

The tribunal, which will be based in the city but will move wherever it is needed in the province, is being established in terms of the Consumer Protection Act.

Panel members, or trialists, who must hear arguments and rule on the outcome, are drawn from a range of backgrounds.

They include an advocate with more than 25 years’ experience, a lawyer, a former businessman and a consumer advocacy group representative.
Advocate Ashley Searle, the director of the provincial office of the Consumer Protector, said the tribunal would operate in the same way as a court.

Unresolved disputes would be referred to the tribunal.

Before a case could be heard, subpoenas and summonses would be issued. Pre-trial hearings would have to be completed before the formal “trial” could begin.

These processes were prescribed by law.

Every consumer whose case goes before the tribunal will be represented by the Consumer Protector. The company against whom a complaint is made will be allowed to hire a lawyer.

After the case has been proved, with evidence of a transgression, the tribunal will make a decision and will have the authority to compel the company to refund the consumer, or order it to replace the product.

The tribunal could even order the company to pay compensation to the consumer.

“This legislation means that we will now be able to ensure that the rights of consumers in the Western Cape are fully protected,” said Searle.

National Consumer Forum chairman Thami Bolani said the tribunal could be the element needed to level the playing field between consumers and businesses.

But, he cautioned, it was still vital that consumers be educated about their rights and that the offices of the Consumer Protector were “highly visible” and easily accessible.

Other provinces would get tribunals in the coming months.
Gauteng already had a consumer court.

Bolani said most consumer complaints came from the Western Cape, Gauteng and KwaZulu-Natal.

Most of the complaints received by the National Consumer Forum had been about the motor industry. The forum had been flooded with calls during the festive season about defective cars and dealers who refused to acknowledge the vehicles’ problems.

Another serial offender was the cellphone industry, Bolani said.

Many people had been locked into contracts without fully understanding the terms.

The forum had also received a number of complaints about the food industry, particularly smaller retailers.

Bolani said he was optimistic about what the tribunal could do, but that the proper enforcement of rulings was critical.

Western Cape Tourism and Economic Development MEC Alan Winde said the tribunal was in line with provincial legislation and the guidelines laid out in the Consumer Protection Act.

“The legislation has never been an issue for those responsible companies who endeavour to give the best service,” said Winde.
He said the tribunal would deal with companies that did not abide by the rules.

To contact the office of the Consumer Protector, call its toll-free number 0800 007 081.

The protector’s Western Cape office is in the Waldorf Arcade at 80 St George’s Mall.You can write to the provincial office of the Consumer Protector at Box 979, Cape Town, 8000, fax a letter to 021 483 5872 or e-mail consumer@pgwc.gov.za

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T’S ALMOST a year exactly since Minister of Labour Nelisiwe Oliphant published four controversial labour law amendment bills which, if made law, would have a profound effect on how the labour market in the country is regulated.

Read more here.

Workers Need Written Contracts of Employment to Protect Their Rights

Luphert Chilwane of the New Age spoke to experts about the fact that many employees are still working without formal contracts of employment, which can lead to problems when dealing with disputes or the CCMA.

Labour law expert Jonathan Goldberg told Chilwane that when there is no formal contract, a labour dispute becomes as case of the employer’s word against the employee’s. Manene Samela, general secretary of the National Council of Trade Unions, says that harsh punishments should be handed out for employers who do not abide by the laws enshrined in the Basic Conditions of Employment Act:

Read more here.

Comparative analysis of industrial action in 2010 and 2011

What is going on in South Africa in relation to the dramatic rise in strike activity? Who is to blame and what is the future
solution to this form of protest?

To answer these questions, the writer will analyse a few of the larger strikes and attempt to provide some answers.

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How to manage absenteeism

Absenteeism is a worldwide and well-documented costly problem for employers.

In a globally competitive marketplace, companies strive to become as efficient as possible, especially in tough economic conditions.

Read more here.

‘Respect thy boss’ is lesson in CCMA ruling

The labour courts distinguish between the two offences of insolence and insubordination.

Insolence warrants disciplinary action and if it is particularly serious, dismissal. It includes impudence, cheekiness, disrespect or rudeness. It is a central tenet of the employment relationship that the employer and employee are to be treated with respect and employees cannot overstep boundaries and be rude and disrespectful to their employers or those in authority.

Read more here.

Disrespectful to your employer?

The labour courts distinguish between the two offences of insolence and insubordination. Insolence warrants disciplinary action and if it is particularly serious, dismissal. It includes impudence, cheekiness, disrespect or rudeness. It is a central tenant of the employment relationship that the employer and employee are to be treated with respect and employees cannot overstep boundaries and be rude and disrespectful to their employers or those in authority.

Read more here.

When does “employment” commence?

Employers are to be cautioned of concluding employment contracts that they are unable or unwilling to implement. The reason for this is that as soon as the applicant becomes an employee,certain onerous obligations in terms of labour law come into effect.
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LABOUR LEGISLATION AMENDMENTS ON EMPLOYMENT VERSUS JOB CREATION AND ECONOMIC GROWTH

“Business moves. Business will not be restricted by legislation. Whether right or wrong, ethical or unethical is neither here nor there. Business will go to places where the business environment is conducive, “Jonathan Goldberg, CEO of Global Business Solutions and BUSA representative at Nedlac.
Read more here.

Implications of Consumer Protection Act

On the 1st April 2011 the long debated Consumer Protection Act (the “CPA”) 68 of 2008 came into effect. The CPA applies to all transactions in all sectors of the economy and also to the marketing and supply of goods and services.
Read more here.

Automatic termination clauses

Temporary employment contracts are common, whereby employers have successive temporary employment contracts with their employees which has the effect that the employee is not considered a permanent employee and as such, is not afforded all the rights they would be entitled to in terms of legislation.
Read more here.

The difference between ‘trapping’ and ‘entrapment’

Employers utilise a variety of methods to prove an employee’s guilt, some of which are neither recommended nor legal.
Read more here.

Fine line between poor performance and negligence

Many employees seem to labour under the impression that discipline relates only to the most common offences such as theft, dishonesty, assault and absenteeism.
There seems to be a lack of knowledge that if employees perform their jobs poorly, they can also be dismissed for misconduct.
Read more here.

Comparative analysis of industrial action in 2010 and 2011

Jonathan Goldberg says settlements will inevitably lead to job losses.
In September 2010, NUMSA embarked on a strike in the retail motor industry and the size of the strike swelled at its height to approximately 70 000 members, including petrol attendants…
Read more here.

NEF strategy queried

The National Empowerment Fund launched an enterprise-development fund this month aimed at enticing large corporations into contributing money in return for black economic empowerment score card points, a strategy questioned by some analysts.
Read more here.

What will be the cost of above inflation wage settlements?

In September last year, the National Union of Metalworkers (Num sa) embarked on a strike in the retail motor industry and the size of the strike swelled at its height to 70 000 members, including petrol attendants, motor component manufacturers and other workers in the sector.
Read more here.

Sanity prevails on new labour law

The government’s newly proposed labour laws will be watered down after business and other stakeholders challenged the draft bills.
On Tuesday, Labour Minister Mildred Oliphant confirmed changes in the draft, three weeks after The New Age reported that the four bills initiated when government spokesperson Jimmy Manyi was director-general at the department, had been rejected as badly drafted and a threat to business and investors.
Read more here.

Temporary contracts skirt labour laws

Temporary employment contracts are common. Often employers have successive temporary employment contracts with their employees, which has the effect that the employee is not considered a permanent employee and, as such, is not afforded all the rights they would be entitled to in terms of legislation.
Read more here.

Employment contract is necessary

It is unfortunate there are employees who still work without contracts of employment.
This practice often creates problems for both employer and employee, especially when faced with disciplinary matters or disputes either at the applicable bargaining council or the CCMA.
Read more here.

Compensation-hungry and reinstatement-resistant employees

The Supreme Court of Appeal recently delivered a judgment in which it dealt with the right of an employer’s ‘right to right a wrong’.
Read more here.

New earings threshold

During May 2011 the Department of Labour increased the earnings threshold for employees, which exists in terms of the Basic Conditions of Employment Act (“BCEA”).
Read more here.

Labour Bills rejected

Four bills initiated when controversial government spokesperson Jimmy Manyi was director-general at the Department of Labour have been rejected as “badly drafted” and a threat to business and investors.
Read more here.

Clarifying compensation awards

The rules regarding the amount of compensation to which an unfairly dismissed employee is entitled to, if reinstatement is not an option, have never been clarified to a significant degree.

Read more in the following publications:
• Money Web
• Look Local

Dereliction defined

Many employees seem to labour under the impression that discipline only relates to the most common offences such as theft, dishonesty, assault and absenteeism.
There seems to be a lack of knowledge that if an employee performs their jobs poorly, they can also be dismissed for misconduct.

Read more in the following publications:
• The New Age
• Money Web

The price of negligence

There is a lack of knowledge that if an employee performs poorly they can be fired for misconduct.
Read more here.

Desertion or abscondment?

In the next instalment in a series of articles relating to labour matters, Jonathan Goldberg, chief executive officer of Global Business Solutions, looks at what to do when employees go awol.
Read more here.

Termination of employment of imprisoned employees

What are the entitlements of an imprisoned employee?
Read more here.

Amendments to Employment Laws

A number of amendments to South Africa’s labour laws, which appear imminent, are examined in this article by labour law experts, reports the Daily Dispatch.
Read more here.

Earnings threshold affects employers

A new earnings threshold announced by the labour minister entitles certain employees to now be compensated for overtime, a lawyer said on Monday.
Read more here.

Fixed Term Contracts

Make sure your fixed term contracts are in order.
In the much publicised case of the Executive Mayor of the City of Cape Town Municipality there are some important learning lessons that come out in fixed term contracts from this case.
Read more here.

New BBBEE Codes well received

The Broad-Based Black Economic Empowerment Codes of Good Practice (BBBEE) came into effect this year. Here’s a look at why they’ve been generally well received – as well as a few of the idiosyncrasies that’ll need some ironing out.
Read more here.

What constitutes a “valid” medical certificate

The abuse of sick leave is costing employers billions of rands every year in South Africa.

Read more in the following publications:
• Business Brief
• Look Local
• Money Web

Polygraph testing in the workplace

Employers are often faced with misconduct or criminal activities such as theft in the work environment, without knowing where, how and by whom it is committed.

Read more in the following publications:
• Business Brief
• The Citizen
• Global Advisors

Important to apply consistency in the workplace

One of the basic principles of natural justice is that two people who are guilty of the same misconduct should be disciplined in similar ways
Read more in the following publications:
• The New Age Mobi
• The New Age

Non-traditional reasons for absenteeism

Usually any unauthorised absence of an employee from work on its own will typically not lead to a dismissal.
Read more here.

SMS Resignation can be final

Johannesburg – Labour law consultants warn that making loaded suggestions in an SMS such as wishing to resign could hold up in court.

Read more in the following publications:
• News24.com
• MyBroadband Mobile
• Business Day
• Cape Times
• City Press
• Durban Invest
• East Coast Radio
• Solidarity SA
• The Sowetan
• The Mercury
• The New Age
• Times Live
• The Witness
• Business.iafrica.com
• Look Local

It is that time of the year where we take stock of what has been and plan ahead.

Unfortunately it is also ―silly season‖ when it comes to behaviour and we are often finding ourselves chairing enquiries across the country for a wide variety of issues brought about by this end of year “epidemic”.

Read more here.

There are a number of factors that need to be considered when evaluating a scorecard to ensure companies that are fronting don’t leak through the cracks. Evaluating a B-BBEE scorecard can be both tedious and complex. Specific details can make a tremendous difference to the validity of the scorecard.

Is your procurement officers and government tender committee members sufficiently trained to technically evaluate the BEE Scorecards?

To assist you in this regard, we have compiled a practical workshop which we can present on an in-house basis, aimed at all officials involved in the tender process. This hands-on course will enable delegates to understand the process so that they are able to properly evaluate the B-BBEE section of tenders.

For more information, please contact your local GBS office for a formal quotation.

We will also be hosting public sessions nationally early in the new year. Please refer to the downloads page for more information about the Breakfast Seminars for your region.

At the time, the Union had 189 members of the 2 384 employees in the factory, the majority of whom were members of NUMSA. The Union contended that its members were all monthly paid and fell within salary bands 5 and 6, which it contended should be regarded as a separate bargaining unit, of which its members constituted about one third of employees.

Read more here.