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HRworks.co.za is the National Human Resources online Directory in South Africa covering all HR needs in the Human Resources Profession. We offer free HR policies, free HR advice, an HR Careers Page, an Events Calendar along with interesting HR articles and industry updates. We currently host HR Networking Breakfasts in Cape Town as well as HR Conferences & Seminars – keep your eye on the event calendar for details.

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18th of September 2018 - The Constitutional Court announced today that dagga is now legal in South Africa for private use. However, there are a number of concerns and questions around regulation and control that still need to be addressed to ensure the safety of both users and non-users – particularly when it comes to road safety.

As with alcohol consumption, use of marijuana leads to intoxication. However, unlike alcohol, testing for marijuana intoxication is a lot more complex than simply doing a breathalyser. Laws and limits exist for driving under the influence of alcohol but, as Tetrahydrocannabinol (THC) - the principal psychoactive constituent of marijuana – remains in a user’s system for far longer than alcohol does, it makes it tricky to establish limits and laws around marijuana use.

Rhys Evans, Director at ALCO-Safe, says that because marijuana use has been fairly common despite the legality of such, it’s highly likely that there have been drivers under the influence of THC (Marijuana) whilst operating a vehicle up until now, although there are no real statistics to confirm this.

According to Section 65 of the National Road Traffic Act,

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You have an annual payroll of more than R500 000 and pay your 1% of your annual payroll towards the Skills Development Levy (SDL) for the sake of being compliant.  You know your staff need to be up-skilled, but neither you, nor your overworked HR manager have the time or energy to figure out what SDLs are all about.

And once you’re finally done ensuring you’re compliant with your Workplace Skills Plan and Annual Training Reports - where do you even start looking for the right service provider for your training needs?  And what exactly happens to the 1% that you pay over towards the SDL?

One of the services offered by Staff Trainingis the use of external Skills Development Facilitators (SDF) to assist companies with exactly this process. 

Should you use an external SDF?

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By Tebogo Moalusi, National IR Director at Workforce Staffing

20th of August 2018

On 26th July 2018, after three years of debate, the Constitutional Court made a judgement regarding the roles and responsibilities of Temporary Employment Service (TES) providers and their clients with regards to employees. This pertains to the deeming provision referred to in section 198A of the Labour Relations Act (LRA). The ruling states that the client of a TES provider is deemed to be the sole employer of assigned temporary employees earning R 17 119 or less per month, following three months of employment.

Until the ruling was made, following the insertion of the clause in 2015, interpretation was up in the air, and it was deemed that employees remained under the employment of both the TES provider and their client for the duration of the employment contract. This meant that both the TES and their client were dually responsible for an employee under contract for the purposes of the LRA, which deals primarily with unfair labour practices and dismissals.

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  3. Understanding Misconduct, The Disciplinary Code and Formulating Disciplinary Charges

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