Bafuputsi – Trading Management and Labour Consultants

Fair Fees

In the course of providing services to our client, we might identify gaps in policies, procedures or processes. Depending on the amount of work required there might not be additional cost to address those identified gaps.

Free Consultation

Bafuputsi will always provide free consultation for our clients based on the time spent to come up with the advice.

Quality Representation

When we initiate cases, we prefer doing the investigation ourselves, formulate charges, compile the file of evidence and decide on the appropriate witnesses.

Office Hours

Clients are allowed to call us after hours on emergencies.

Mon – Wed : 8:00am – 06:00pm
Thu – Sat : 10:00am – 10:00pm
Sunday : Close

Address

LOCATION

Centurion, South Africa

EMAIL US

admin@bafuputsitrading.com

PHONE

+27 62 323 2533

Frequently Asked Questions

Is employer expected to request an employee to make representation before the employee is place on precautionary suspension?

The requirement that employers conduct pre-suspension hearings prior to confirming the precautionary suspension of an employee, has been debunked by the Constitutional Court judgement recently handed down on 19 February 2019, in Alan Long v South African Breweries (Pty) Ltd & others [Case number CCT61/180]. In the aforesaid case The Constitutional Court upheld the Labour Court’s position that pre-suspension hearings are not required when an employer is contemplating placing an employee on precautionary suspension. The court further held that where the suspension is precautionary and not punitive, there is no requirement to afford the employee an opportunity to make representations.”

Is legal representation allowed at CCMA?

CCMA rules stipulates certain instances where legal representation is not automatically allowed.

1. The nature of the questions of law raised: In a broad sense this will be whether the matter was procedurally and substantively unfair.

2. The complexity of the matter: This would depend on the reason for the dismissal and whether it can be related to misconduct. A matter becomes quite complex when witnesses and expert witnesses are called to testify and large volumes of documents are exchanged.

3. The public interest: Although we acknowledge that the CCMA should not be over legalistic in making its decision whether to allow a legal representative or not, the CCMA will always bear in mind that the Constitution provides for legal representation and they do not lightly refuse a legal representation.

4. The comparative ability of the applicant and the respondent: When a commissioner compares the ability of the applicant and the respondent to deal with their cases in a sufficient manner. If the commissioner feels that the applicant or the respondent will not be able to deal with his or her case sufficiently the commissioner will rule that legal representation is allowed.

What is the difference between misconduct and poor performance?

Many employers confuse poor performance with misconduct and vice versa. This can only mean that these employers are not dealing with poor performance and misconduct correctly and they are exposing themselves to labour disputes.

Poor performance occurs when an employee fails to do his job to the standard set out in the contract of employment and job description.

The focus is on the quality or quantity of the employee’s work as compared to what the employer expects of him in respect of behaviour. The focus may also be on how fast the employee works or on whether the employee is keeping to set deadlines.

Misconduct, on the other hand, occurs when an employee’s behaviour is unacceptable or in breach of workplace rules.

If an employer has reasonable workplace rules about timekeeping, attendance, honesty, safety or other conduct, the employee must adhere to them. If the employee fails to do so, he is guilty of misconduct.

Because poor performance and misconduct differ, the procedures for dealing with them are also different.

How do we apply for SETA funding?

There are 21 Sector Education and Training Authority who in terms of Skill Development Act and Skills levies Act receives levies collected by SARS from different levy paying companies in their different sectors. In line with grant regulations the funds that are invested into training are divided into mandatory grants and discretionary grants.

Mandatory Grants is a percentage that the SETA must pay back to the levy paying company that fulfils the requirements to receive Mandatory Grants. This requirement include the submission or Workplace Skills plans and Annual Training Reports.

Discretionary grants are developed and paid out at the discretion of the Seta Management and Board. Most of the SETAs will advertise for discretionary grants application, inviting employers, training providers, public institutions and community-based organisation to apply. This will be mainly for training against qualification registered under that SETA. Other SETAs will advertise for special projects application on areas identified as critical for the development of society.

What are the requirements to conduct SETA accredited training?

SETA accredited training is conducted through training providers that are accredited against specific qualification of the relevant SETA. For any entity to be accredited against a qualification they must comply with the SAQA eight-core criteria. The critical elements of the eight-core criteria include:

Quality Management System
Registered assessors and Moderators against the specific qualification (constituent assessors and moderators) and
Training material for the specific qualificator

It is important to note that SETA qualifications are occupational qualification. This means a signification percentage of training must be at the workplace. So, it is important to ensure that you have agreements sufficient number employers for placement of learners.

Bafuputsi is uniquely placed to be African Elders Wisdom kraal in the 21st century. Not only do they embrace your company culture, they go beyond to speak about industry matters in your cultural identity. Whoever you are Bafuputsi has your exact place in their project.

Zizwe Khumalo

“Just in time” is the only explanation we give to Bafuputsi as a company. Our HR services and strategy was a mess and Bafuputsi just came in time to rescue us. Thank you for the wonderful services.

Senzo Mehlomakhulu

Bafuputsi has presided over our disciplinary hearings and we have found time to focus in our core business. Thank you Bafuputsi.

Elton Brown

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Choosing the right Labour Law and HR Consultant

Labour Law & Labour Relations Services

Hr Services And Compliance Support

Dispute Resolutions

Training

Office Hours

Address

LOCATION

EMAIL US

PHONE

+27 62 323 2533

Is employer expected to request an employee to make representation before the employee is place on precautionary suspension?

Is legal representation allowed at CCMA?

What is the difference between misconduct and poor performance?

How do we apply for SETA funding?

What are the requirements to conduct SETA accredited training?

Zizwe Khumalo

Senzo Mehlomakhulu

Elton Brown

Law and Politics: The disingenuous call for the removal of Julius Malema and Dali Mpofu from the Judicial Service Commission

Unpacking Tourism Minister Lindiwe Sisulu’s Constitution salvo through the lens of philosophy

Lindiwe Sisulu: Hi Mzansi, have we seen justice?

Law and Politics: The disingenuous call for the removal of Julius Malema and Dali Mpofu from the Judicial Service Commission

Unpacking Tourism Minister Lindiwe Sisulu’s Constitution salvo through the lens of philosophy