LABOUR LAW MANAGEMENT CONSULTING is proud to announce its on-line seminar on Winning at the CCMA in the Covid Environment

Increases in cases of retrenchment, pay cuts and misconduct resulting from the Covid 19 pandemic are placing severe strain on the CCMA, employers and employees. This creates a double whammy for employers because they have to allocate scarce resources to cope with the extra CCMA disputes, but also have to cope with the effects of the very tight lockdown at the CCMA. That is, contacting CCMA case management, lodging legal papers and conducting CCMA hearings are all much more difficult during the lockdown.

This seminar, presented by Ivan Israelstam, deals with these challenges by covering the following:

• How to avoid being taken to the CCMA
• Using the conciliation and arbitration processes to your advantage
• Understanding the laws of evidence
• How to prepare a case scheduled for arbitration
• How to present a winning case at CCMA
• How to navigate obstacles to communication with CCMA case management, lodgement of documents and participation at online CCMA hearings

Event Details:
DATE: 17 September 2021
TIME: 9h00-12h00
PLATFORM: Zoom
COST EX VAT: R500
ENQUIRIES: Ronni at ronni@labourlawadvice.co.za or 084 521 7492

CLICK HERE TO BOOK

Ivan Israelstam, CEO of Labour Law Management Consulting is a leading practitioner in labour law and labour relations management.
He has over 30 years’ experience, a social sciences degree from the University of the Witwatersrand and a IPM Diploma in Human Resource Management and Training.

Ivan Israelstam is a regular labour law columnist for the SA Labour Guide, People Factor, Business Live and several other publications. He is the author of five books including “Walking the New Labour Law Tightrope” and “Labour Law Landmines: 99 Ways to Succeed at the CCMA”. Ivan has been a part-time commissioner with the CCMA and Chairperson of the Labour Affairs Committee of the SA Chamber of Commerce and Industry. He speaks on television and radio and at conferences and seminars on subjects such as labour law, takeovers, retrenchments, affirmative action, dismissal, and union negotiations. He is registered with SABPP as a Master HR Professional.

 

 

By Gcinokuhle Malinga for East Coast Radio

Massmart says it’s doing everything in its power to save jobs following the looting and destruction of some of its stores in KwaZulu-Natal and Gauteng.

The group says 41 of its stores were affected, including its major retailers and warehouses of Makro and Game.

The group’s Brian Leroni says over 8 000 of their staff in KZN have been provided with food parcels while the company puts together a business recovery plan.

“Stores and facilities that were severely damaged and this could include for example Makro Springfield and Makro Pietermaritzburg, where those stores need to be rebuilt, replenished and reopened.

“Generally, we are happy with the progress that we are making. Our intention is to apply our very best efforts to protect jobs like for example, second employees to undamaged stores. So our commitment is that we will be applying our best efforts to project jobs.”

Pick n Pay stores were also targeted.

CEO Pieter Boone says he’s satisfied with the progress the company’s made to recover its losses.

“The number of stores that we will be able to reopen by the end of this week – increase from 36 to at least close to 60 stores at the end of this week.”

Image credit: MyBroadband

 

shop-sa is saddened to hear of the following reports of industry members affected by the recent looting.

  • Two PostNets have been affected
  • Stationery / B2B online businesses operating from KwaZulu-Natal were out of action for a week as couriers where shut down due to road closures a
  • Makro PMB and Makro Springfield were looted
  • A5 lost 5 stores and their distribution centre
  • Osmans Cash & Carry was also affected
  • Unicopy had 2 stores looted
  • Lotus in Pietermaritzburg was also affected
  • Makro and Game distribution centres were looted and damaged
  • Interstat were broken in to; however, security managed to keep looters at bay

In addition, All Stationery in Eswatini (Swaziland) which was looted in the unrest there.

Chairman’s letter – July 2021

This is probably the most difficult message I’ve written as there are no words to describe the events of last week- as well as its terrible aftermath.

What can one say when our country was plunged into mindless turmoil and destruction, specifically in KZN and Gauteng?

As shop-sa we condemn these acts of violence and destruction in the strongest terms.
We have information that a number of stationery businesses in KZN have been looted, in addition to the large retailers and wholesalers. See more details here. What we don’t know is the extent of the damage to their properties.

These companies, apart from the likes of Makro, PnP and so on, are owned by private individuals who will struggle to recover – but we are sure that suppliers in our industry will do everything they can to assist in terms of supplies.

Our thoughts and prayers are with them, and of course with all others affected.

Finally, the full extent of the carnage is slowly emerging. For example, small towns received little if any news coverage, not to mention protection!

We would also like to salute all those who stepped up to clean and assist in the rebuilding efforts.

Luckily the majority of people in South Africa are once again showing their resilience and spirit to overcome even massive challenges like this.

We would like to hear your story, positive or negative! Please contact wendy@shop-sa.co.za if you have news to share.

Stay strong and safe … and don’t forget about the delta variant!

Hans Servas

shop-sa Expo postponed

In view of the volatile situation in our country, we have decided to postpone our first virtual trade show, the shop-sa Expo, which was to take place on 11 August 2021.

We hope that none of our members have been affected or suffered losses!

We will let you know when we are ready to hold the virtual expo, to which a number of key suppliers have already committed.

Thank you for your understanding and, most importantly, stay safe!

Hans Servas

 

 

Chairman

Think ink

In its most simple form, an ink is composed of pigment and solvent. The pigment gives the ink its hue, while the solvent is the vehicle that carries the colour.

Pigment comes from a variety of sources with nitrogen-containing compounds, commonly known as dyes. Solvent is derived from soybean oil, linseed oil or a heavy petroleum distillate.

Inks run the gamut from pen to printer, and different types of ink have very different applications.

Dye-based inks
These types of ink are made with a water base, and are therefore very cost-effective. They are used, for example, in fountain pens. They deliver rich, bright colours which don’t smudge easily. The small molecular structure of the dyes used allows for immediate absorption while reflecting and scattering very little light, contributing to their vibrancy.
The water base allows the ink to be soaked into the paper or surface being inked. As the ink is absorbed into the surface, it stains it. One disadvantage of water-based ink is that it has a tendency to bleed. Because dye-based inks are water soluble, they’re quick to run or smear upon contact with water or humidity – regardless of how long it’s had to dry beforehand.
This characteristic can be used in an artistic way to create a water-colour effect: lightly spray porous paper with water before applying the ink and watch it feather on the page.
Dye-based inks dry quickly and are most often used for card making and scrapbooking.
Many dye-based inks are acid free, but colours will fade over time. The small molecular makeup of the dye means that water-based inks are highly susceptible to oxidation and fading, and the colours they produce usually don’t last very long. Excessive exposure to sunlight or UV rays will accelerate fading.
Another drawback of dye-based inks is unintended overlapping of separate colours, due to the fast-absorbing nature of the ink.

Pigment-based ink
Pigment-based inks are made from pigments suspended in a glycerine or resin base. They are generally more expensive than water-based ink and are used, for example, in gel pens.
Unlike dye-based inks, pigment-based inks do not stain the paper or surface – they sit on top of it instead. This means that less pigment-based ink than dye-based ink will be used similar colour intensity. Pigment-based inks can be more vibrant than their dye-based counterparts, and work very well on matte paper or embossed paper.
However, these inks will not dry on glossy paper.
Pigment-based inks a favourite with crafters and scrap-bookers because they do not fade that much over time. In fact, they can retain much of their original vibrancy for a century, as long as the correct type of paper is used. This is because each colour is made up of a neutral base and tiny coloured particles. These particles aren’t organic and don’t break down to mix with the liquid – and therefore don’t break down in sunlight either.
This mixture of a neutral base and pigmented colour produces a slightly diluted pattern, so the printed result is often less vibrant than would be the initial dye-based version.
Pigment-based inks are also great for embossing. They take longer to dry than water-based inks, ensuring enough time to work with the embossing powders.
Because pigment-based inks can’t be absorbed by traditional paper, pigment ink is more susceptible to smudging if it isn’t allowed to thoroughly dry before handling.

Solid inks
Solid inks are a relatively new addition to the world of print. Solid inks are vegetable oil-based, wax-like blocks that are melted and applied to paper. Similar to pigment-based inks, solid inks remain on the surface of paper instead of being absorbed by it. This means they are durable and won’t fade much over time.
The results of solid ink printing are often more vivid than those of pigment-based inks, because the printed colours aren’t broken up by a neutral base.
This type of ink offers an environmental advantage as they are not housed in plastic cartridges that require disposal.
A big downside to solid inks is their lack of availability and their relatively high price point.

Other types of ink
There are a number of different types of ink that occur in the world of print, but they are often used for very specific industries.
Solvent inks contain colour pigments and organic chemical compounds that become waterproof after being treated with heaters. They are used in the production of decals, banners, billboards and artwork on plastic goods.
UV-curable inks become colour-rich polymers when their acrylic molecules are saturated with direct UV rays. They are used to print on stainless steel, glass, wood, ceramic and other materials.
Dye-sublimation inks contain a type of dye that transfers to fabric when heated. This type of ink is used to manufacture T-shirts, caps, flags and other cloth materials.

 

Source: UCT
Image credit: UCT

PNA, South Africa’s one-stop stationery shop, has gifted R50 000 to the University of Cape Town’s (UCT) Jagger Reading Room. The funds will go towards the rebuilding project to restore the much-loved library to its former glory.

The Jagger Reading Room was completely gutted when a runaway wildfire ripped through parts of UCT’s upper campus in April, leaving a trail of destruction. Several other iconic UCT buildings were also affected.

Ujala Satgoor, executive director of UCT Libraries, accepted the donation from PNA group general manager Herman Botha.

“This is an excellent example of ‘business South Africa’ investing in libraries that contribute to research and the knowledge economy.”

“This is an excellent example of ‘business South Africa’ investing in libraries that contribute to research and the knowledge economy. The gift from PNA will be added to our efforts towards creating permanent solutions for the preservation of our Special Collections,” Satgoor said.

Salvage process

In the aftermath of the fire, a team of expert restorers and volunteers have worked tirelessly to salvage thousands of wet items from the water-logged Jagger Reading Room basement. This process involves placing these items in cold storage – the first line of defence in an archive’s fire salvage plan.

Satgoor said she and the UCT Libraries team are grateful for the donation – especially as they are exploring the possibility of purchasing their own freeze dryer (cold storage) unit, to further mitigate any additional damage to the salvaged material.

“But this comes at a cost of R1.5 million for a basic unit,” she said.

The salvaged items are currently being stored at several controlled sub-zero-temperature locations across the city, and are being closely monitored for mould, which is said to further deteriorate paper and which results in image distortion.

“The [Jagger Reading Room was at the heart of UCT, and contained the most impressive collection of books, maps, newspapers and film from our country and the continent. The oldest book in the library was by the Roman historian of the first century Valerius Maximus, [and was] published in Germany in 1471,” said Botha.

“While some of these items, sadly, are irreplaceable, it was obvious that PNA [can contribute] financially to the university’s rehabilitation and preservation efforts.”

Dismissals a no-no in takeovers

By Ivan Israelstam, chief executive of Labour Law Management Consulting

Section 197 of the Labour Relations Act (LRA) requires the new employer, in a takeover as a going concern, to take over all the employees of the old employer. A take over of an enterprise “as a going concern” essentially means that the new employer is carrying on the same business as the old employer after a takeover.

In such a case the new employer is required to take over the old employer’s staff with all their years of service and all their old terms and conditions intact. Due to this heavy burden and for other reasons, the new employer often wishes to retrench excess employees or requires the old employer to carry out the retrenchments before the takeover.

However, section 187(1)(g) of the LRA prohibits any retrenchment (or any other dismissal) related to a takeover as a going concern. Such terminations are deemed to be automatically unfair dismissals. This means that the dismissed employees could claim reinstatement or up to 24 months remuneration in compensation. It is important to stress that the provisions of sections 197 and 187 of the LRA apply not only to businesses but to all employers including government departments, welfare organisations, NGOs and all other enterprises that employ staff.

The purpose of this legislation is to preserve jobs by preventing employers from rationalising their workforces in circumstances of a takeover. However, because such legislation tends to discourage takeovers, rescue bids for enterprises that are going under will also be discouraged. Such enterprises will often have to close down. Then, instead of a limited number of employees being retrenched during a rationalisation, all the employees will lose their jobs.

In the case of Cash Paymaster Services (Pty) Ltd vs Browne (2006, 2 BLLR 131). The employer was ordered to pay most of the employee’s legal costs plus compensation in the amount of R684 621 because they had been dismissed as a result of a section n197 takeover.

In SAMWU vs Rand Airport Management Company (Pty) Ltd and Others (2005, 3 BLLR 241) the employer wished to outsource it security and gardening services to contractors without having to transfer their gardeners and security staff to the contractors. The Labour appeal Court, responding to an appeal from a declaratory order made by the Labour Court, decided that:

• If the outsourcing went ahead it would constitute a transfer as a going concern

• The employer would not be allowed to dismiss any of its employees as a result of the transfer.

The combination of sections 187 and 197 of the LRA have all but closed the door on the practice of selling a business or outsourcing a service and then retrenching employees whose jobs become redundant as a result. Those employers who ignore this law will do so to their cost. Employers considering takeovers, buy outs, mergers or contracting/outsourcing arrangements are therefore advised, before implementing any transfers, to utilise their labour law experts to:

• Analyse and explain the meaning of sections 197 and 187 of the LRA as well as of the developing case law in this area

• Explain the significance of these laws for the specific circumstances of the employer

• Work out a strategy for completing the takeover without infringing the ever tightening labour legislation.

To access our expert debate on thorny labour law topics please go to www.labourlawadvice.co.za and click on the Labour Law Debate icon in the top menu.

Source: Supermarket & Retailer

There are various ways for small business to get their goods on to the shelves of the largest retailers in the country, through supplier development and enterprise development programmes with slightly different approaches and objectives – but an open-door policy for entrepreneurs in common.

Shoprite Holdings, Food Lover’s Market, Pick n Pay, and Massmart told us what small businesses need to do – and consider – to get their products sold in big supermarkets.

Competitive pricing and making sure your product is a fit for the retailer you target is key, they agree.

Here’s what you should know about getting your products on the shelves of some of SA’s biggest retailers.

Shoprite

Shoprite Holdings has almost 20,000 suppliers, from micro to national. The retailer also helps small suppliers grow their businesses by connecting them to investors.

Shoprite is always looking to expand its supply network to offer customers a variety of products. How to apply:

· Explain in detail what your product and your business is.

· If your business looks good, buyers will review it in more detail and contact you if you are a good fit.

· If accepted and you meet all the listing requirements, you’re well on your way to becoming a supplier.

The scale of your business will determine just where you fit in.

If your business generates a turnover of R10 million or less, then you are considered an Exempted Micro Enterprise or micro supplier, and should enlist as such.

Businesses that have turnover of R10 million to R50 million are considered small and medium suppliers or Qualifying Small Enterprises and should enlist under that category.

Large suppliers are those that have a turnover of over R50 million and have a national or regional footprint.

Pricing, minimum unit order, and payment terms vary depending on factors such as market forces, product volumes supplied, whether the SMME delivers directly to stores or via one of the group’s distribution centres.

Supplier Development Investment Fund

Shoprite has a supplier development investment fund to further develop top-performing suppliers by providing support, growth capital, and access to market.

The food retailer works with Thuthuka Nathi Ventures, a black-owned independent venture and growth capital investment firm that focuses on innovation-driven ventures.

Thuthuka Nathi Ventures’ investment aims to:

· Accelerate the growth of the investee

· Drive transformation in an all-inclusive manner

· Contribute towards employment

Food Lover’s Market

At Food Lover’s Market, small suppliers can simply approach the food retailer’s buyers directly. The business is also open to working with suppliers at community level.

Additionally, the food retailer launched a programme called the Seeds of Change Supplier Development Partnership in January – but applications closed in February 14 for this year.

Entrepreneurs are given the opportunity to showcase their product and stand a chance to work with a business coach to help them scale up their operation and possibly become one of the food retailer’s suppliers.

Interested candidates simply need to fill in a form and should meet these requirements:

· Your business needs to be trading already

· The product or service you provide needs to be used or sold in the Food Lover’s Market environment.

This year, 839 interested businesses applied online and the top 20 attended a workshop, which gave them a taste of what’s required to become part of the supplier network.

The workshop is followed by a four-day bootcamp and on the final day entrepreneurs pitched their businesses to a senior panel of Food Lover’s Market executives to become suppliers to the business.

The Village Market Africa, a social enterprise established out of a need to address the decreasing bee populations while combating rural poverty through bee initiatives in remote African villages won the challenge this year.

Direct suppliers

Entrepreneurs that become direct suppliers of the food retailer dictate the minimum quantity order to Food Lover’s Market, while pricing is market related.

“We understand that it’s tough for small businesses, so we work with small suppliers to ensure constraints in working capital and cash flow is not created by Food Lover’s Market and if we can assist, we do,” said senior executive for marketing and buying, Travis Coppin.

Pick n Pay

Pick n Pay says it is always looking for more small suppliers who have innovative and unique offerings.

The retailer has a Pick n Pay Enterprise Supplier Development (ESD) programme and a super programme called Pick Local, which brings local products to their supermarkets.

ESD, which also has an app, helps small suppliers become part of the economy by providing them with the tools and training required to become successful and sustainable suppliers to the retail market.

The Pick n Pay small business incubator aims to:

· Increase local procurement by accelerating small suppliers into the supply chain

· Improve and develop great quality and range of local products at competitive prices

· Provide small producers a national platform by increasing access to national and regional markets.

To register as a supplier, download the PnP ESD app on Google Play or Apple App store.

Small business owners can also download the Supplier’s Toolkit which has tons of business advice.

In terms of pricing, Pick n Pay works closely with suppliers to price goods competitively to ensure affordability.

“We do not impose any strict minimum. We work with small suppliers to understand customer demand, balancing that with their production capacity,” said spokesperson for Pick n Pay Tamra Veley.

“Small suppliers can deliver directly to stores or work with our third-party logistics partners to ensure products are delivered efficiently and conveniently,” Veley said.

Massmart

To get your products on the shelves of Massmart supermarkets such as Makro, Game, and Builders Warehouse, you can approach the retailer directly.

The most important consideration is that there must be customer demand for the product and it must be a product that the retailer would typically sell in its stores.

Once that’s out the way, the product needs to be competitively priced, and it must comply with regulatory requirements that govern quality and safety of the product.

According to the company spokesperson, “this includes regulations about minimum product standards, product labelling and packaging. It is also important to have actual product versus an idea for product.”

Product pricing should be similar to and preferably better than other similar products sold by competitors – after markup.

In terms of minimum unit orders, Massmart typically starts small (two to three stores) with high potential small suppliers with the aim of growing their supply over time.

The faster the product sells or the higher the demand for the product the higher the number of units that will be ordered.

In terms of payments, Massmart generally provides preferential payment terms to small suppliers who are often challenged by cash flow constraints – and focuses on ensuring payment as soon as possible after receiving delivery.

A key consideration for small businesses, however, is to ensure that their notes and invoicing are correct, and that the quantity of their delivered product matches back to the delivery note and the invoice.

 

Chairman’s letter – June 2021

Just when we thought we are getting out of the “Covid woods”, new restrictions are looming.

We hope that the economy will not be shut down again but the effects of whatever is decided will be felt by many businesses.

Now more than ever it is critical to keep your business safe. Please don’t become complacent!

On a more positive note, suppliers: please don’t forget to sign up for shop-sa‘s virtual trade show. This is a unique opportunity to showcase your brand, your products and your company – especially in these uncertain times.

We need your support to make this first trade show a success, giving the association a platform for future events.

Hans Servas
Chairman

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