Consumer protection act On the 1st April 2011 the long debated Consumer Protection Act (the “CPA”) 68 of 2008 came into effect. The CPA applies to all transactions in all sectors of the economy and also to the marketing and supply of goods and services. Therefore it applies to all employers in their dealings with their customers, and as employers are represented by their employers in such dealings, the provisions of the Act must of necessity have a direct and material impact on the duties and obligations of employees and the employment relationship.
The scope of the Act is wide-reaching and in particular, it deals with supply relationships, warranties, pricing, standards of service and quality, advertising, marketing and related issues. All of these have an impact on the duties of employees in terms of the employment relationship.
The Act also introduces a “bill of rights” granting consumers wide ranging powers to cancel contracts during “cooling-off” periods, to refuse to purchase “bundled” products or services, to cancel fixed term agreements if not satisfied with their terms and to block approaches by direct marketers. This will also have a direct impact on the employment relationship, not only with regard to the duties of employees, but also on issues relating to remuneration and commissions.
The issue of concern for employers is that the conduct of employees can be imputed upon the employer who has liability towards consumers in terms of the Act. It is for this reason that all employees involved in activities which are affected by the Act need to specifically be made aware of all the provisions and regulations as well as the consequences of non-compliance.
Sale of goods Act The most important law on the sale of goods is the Sale of Goods Act 1979 (as amended). This is the Act you can quote if you have a problem with goods you have purchased.
The Act is part of the civil law - this means that problems you have with any goods you have purchased are not a criminal matter, so the police will not be involved. You have to take action yourself. To do this you need to know what your rights are and to understand your own responsibilities.
Wherever you bought your goods (a shop, market, catalogue, the internet), and even if they are second-hand they should meet three tests. They should be
• Of satisfactory quality • Fit for purpose • As described
If a seller breaks any of these conditions then you: • Have the right to ask for your money back • Do not have to accept a replacement; if you do accept a replacement, ask for written agreement that if the replacements are faulty you will still get your money back • Do not have to accept a credit note • If you agree to a repair and it is unsatisfactory, then it will not stop you claiming your money back.
The seller is liable for up to six years after purchase of the goods.
If you have a valid complaint then it is the seller who has to deal with it, not the manufacturer.
Data protection Act –
The act applies to anyone who handles, or has access to, information about individuals. It also gives rights to the people the information is about. Data protection applies at all levels in PCS. Wherever data is held, whether it is branch records, e-mails or local membership records, the rights of the individual to privacy and access apply. We are all individually responsible for complying with the data protection legislation when we are using personal data. If we do not comply the information commissioner can take enforcement action against PCS and/or the individual. It is important to recognise that the data protection principles apply at all levels within the union.
Wherever data is held, whether it is branch records, e-mails or local membership records, the rights of the individual are the same, and this includes access. So be
