Opportunity Issue 106

SACCI MEMBER PROFILE

SACCI MEMBER PROFILE Kruger Lowveld Chamber of Business and Tourism The voice of business in Ehlanzeni. The mandate So, what is so different about this chamber? Nothing at all, really. We all have had the same mandate for many years. We all have the same basic mandate: • To promote the region as a tourism and investment destination • To create networking and marketing opportunities for members • To represent and be the voice of the business community. The “how” is also the same across the board but it is all in the execution, as a good chef would say. As Grimbeek remarks, “We do this by building and maintaining meaningful relationships with all spheres of government as well as likeminded organisations, and by acting as liaison between these entities and the business community.” Linda Grimbeek, COO of KLCBT Kruger Lowveld Chamber of Business and Tourism (KLCBT) is well respected and highly regarded as one of the most successful and most progressive business chambers in South Africa. The Chamber is very often seen to implement profound new ideas. It also swiftly and effectively adapts to changes in the business environment to be a relevant and effective representative of the business community. At the helm of the organisation is COO Linda Grimbeek who contributes to the success of KLCBT with her a vast portfolio of experience in almost every business sector, which makes her the ideal candidate to spot opportunities, challenges and linkages alike. This is the very basis of adaptability which this chamber is so well known for. Grimbeek will often correct colleagues and partners in government when they speak of a “problem” or a “challenge”, by responding, “There are no such words in our book, around here we call it ‘an opportunity to do better’.” With such a perspective the entire angle of approaching the subject very quickly changes from trying to find solutions to rather finding innovative and unique ways to move forward. Nine advocacies Currently, KLCBT is driving nine very big advocacies or focus areas that need attention in our region. These range from service delivery and public participation through to safety and security as well as development and transformation – and everything in between. This brought us to represent members on 63 forums and counting. No single business can do all of this to try to represent themselves. This is the big WHY you should be affiliated to a chamber. For government it is equally important to engage chambers for the same reason. Instead of having to take calls from individual businesses at all hours, they will meet with the chambers once a month and work through all the proposals and complaints in one session. This is better for all concerned and provides real value, to municipalities in particular. This approach is strongly advised. Creator and leader KLCBT is known as the creator and leader of the tourism victim-supportvolunteer programme, now being rolled out nationwide. The latest innovation is the deployment of two special attachés, one for Tourism Development and Transformation and the second for Skills Development. This gives special power of attorney, limited to those portfolios of deserving board members to drive those specific advocacies or projects. It is not surprising that KLCBT has managed to grow its membership throughout lockdown and is still growing membership at a staggering rate. Contact details Physical address: KLCBT House, Crossing Centre, Nelspruit Postal address: Private Bag X 11326, Nelspruit 1200 Tel: +27 13 755 1988 Fax: +27 13 753 2986 Email: business@klcbt.co.za and tourism@klcbt.co.za Website: www.klcbt.co.za

Heidelberg Chamber of Business Fixed-term contracts of employment, by Yolandi Boshoff of Labour Connect, a member of the Heidelberg Chamber of Business. Section 198B of the Labour Relations 66 of 1995 (LRA) provides that fixed, term employees earning less than R205 433.30 per annum (Threshold) may only be employed for longer than three months if the work they perform is of a limited or definite duration or if the employer can demonstrate any other justifiable reason for fixing the term of the contract. In the absence of a justifiable reason, the employee will be regarded as being indefinitely or “permanently” employed. The case of Ntsoko v St John the Baptist Catholic School (2019) 28 CCMA 7.1.12 deals with the employee, Mr Ntsoko, who was employed as an educator at St John the Baptist Catholic School. The employee was employed in terms of four fixed-term contracts, the first of which was signed in February 2015. The last fixed-term contract was signed on 31 October 2017 and was to run from 1 January to 31 December 2018. This contract was not renewed and this (the non-renewal of this contract) was what gave rise to the dispute between the parties. On 15 November 2018 the employee was advised that his fixed-term contract would not be renewed for 2019. The employee contended that a reasonable expectation of renewal had been created and he sought to challenge this decision. He referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) relying on section 186 of the LRA. In terms of the LRA, if an employee employed in terms of a fixed-term contract reasonably expected the employer to renew it on the same or similar terms or to be retained on an indefinite basis on the same or similar terms but the employer offered to renew or retain the employee’s employment on less favourable terms or did not renew or retain the employee at all, it constitutes a dismissal. The parties argued the matter before the CCMA on the basis of a non-renewal of the employment contract. The Commissioner noted SACCI MEMBER PROFILE that the Employee earned R10 000 a month and therefore section 198B of the LRA applied. In terms of Section 198B (3) of the LRA, an employer may only employ an employee who earns below the threshold on a fixedterm contract for longer than three months if the nature of the work for which the employee is employed is of a limited or definite duration or if the employer can demonstrate any other justifiable reason for fixing the term of the contract. Any fixed-term employment contract which contravenes the provisions of section 198B (3) is deemed to be of indefinite duration (in other words, the employee is regarded as being a permanent employee). The Commissioner held that the nature of the employee’s work was not of a limited or definite duration. The employer had failed to provide any justifiable reason for employing the employee on a fixed-term contract. The employee was therefore a permanent employee of the employer. The letter of 15 November 2018 informing the employee that his contract would not be renewed constituted a dismissal. All dismissals must follow a fair process and be for a valid reason. No procedure was followed and no valid explanation had been provided. The dismissal was therefore substantively and procedurally unfair. The employee did not seek reinstatement and the Commissioner awarded compensation equivalent to four months’ salary. As evident from this case, the LRA provides protection for employees earning below the threshold who are employed on fixed-term contracts. Employers should consider whether they have current fixed-term employees who earn less than the threshold, have been employed for longer than three months or are not performing “temporary work” or for whom there is no justifiable reason to fix the term of their employment. The use of fixed-term contracts of employment may be justifiable if the employee: is replacing another employee who is temporarily absent from work; is employed on account of a temporary increase in the volume of work; is a student or recent graduate employed for the purpose of being trained or gaining work experience; is employed to work exclusively on a specific project which has a limited or defined duration; is a non-citizen who has been granted a work permit for a defined period; is employed to perform seasonal work; is employed for the purposes of an official public works scheme or similar scheme; is employed in a position funded by an external source for a limited period; has reached the normal or agreedupon retirement age applicable in the employer’s business. We are able to provide a review of the status of your fixed-term employees in order to determine if you are exposed to any risk. For labour-related legal queries, contact: info@labourconnect.co.za Contact details Heidelberg Chamber of Business Postal address: PO Box 111, Heidelberg, Gauteng 1438 Tel: 084 841 8147 Email: info@heidelbergchamber.co.za Website: https://heidelbergchamber.co.za/ Credit: Rodnae Productions/Pexels