While popular culture makes us believe that Valentine’s Day is only for love-struck couples, it is a day of love and that love can be for anyone.
So how about dedicating this Valentines Day to your business? You may be wondering how on earth can this be possible, when you are playing solitaire daily with your cashflow and having to try and reshape your business strategy for business continuity. Why not let Compliance Hub assist you?
1. LOVE LETTERS: Sexual Harassment
Over the last decade, the pervasiveness and the cost of sexual harassment, a manifestation of sex-based discrimination, has become a growing concern.
Does your, company have a sexual harassment policy in place and if not, why do you need one?
With a written policy in place that forbids sexual harassment, identifies behavior that would constitute harassment, and provides employees with methods by which they can report harassment, you are raising awareness and communicating that the practice will not be tolerated.
Secondly, without a comprehensive written policy, a company is opening itself up to liability. “If a company does have a procedure and the complainant failed to follow it, or the complainant did follow it and the company also followed it, those can be important defenses in a discrimination case,”
It is imperative that a strict anti-retaliation provision and a confidentiality clause are included in the policy to.
In terms of the Employment Equity Act, an employer is deemed to have contravened the Act where it is proved that the employee (the perpetrator) contravened the Act and the employer failed to take the necessary steps to eliminate the sexual harassment. This means that the employer, in terms of the Act can be liable to pay damages or compensation to the victim of the sexual harassment. An employer will not be liable if it is able to prove that it did all that was reasonably practicable to ensure that there was no sexual harassment in the workplace.
2. LOVE YOUR CLIENTS & SUPPLIERS: Restraints of Trade
Great labor relations will make a business successful in the long run. A good understanding between employees and employers is important to reduce industrial disputes. Why not enter in-to a business pre-nup and make it a long-term deal, rather than just a one-off fling that could end up being a costly exercise. You may be wondering what I am referring to?
The contentious issue of restraint of trades, which seems to be an argument that cannot be settled. It is often mired by misunderstanding, wishful thinking and bad market intelligence.
The circumstances surrounding every restraint of trade clause are different – simply because the employers are involved in different industries and have different proprietary interests to protect – trade secrets and/or trade connections.
In determining whether a restraint is enforceable, a court will consider, among others, the following factors:
the duration of the restraint.
the area to which the restraint applies.
whether a restraint payment was paid to the employee.
whether the employee still has the, ability to earn a living.
the proprietary interest or capital asset that the employer seeks to protect.
“While love may be in the air, as well as what we consistently yearn for, organizations need to better protect themselves and their employees more than ever. Have you?”