Duty to inform states 201912/18/2023 ![]() ![]() A trustee shall send to the distributees or permissible distributees of trust income or principal and to other beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. Shall notify the qualified beneficiaries at least thirty days in advance of any change in the method or rate of the trustee's compensation.Ĭ. Within sixty days after the date the trustee acquires knowledge of the creation of an irrevocable trust or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the trustee's name, address and telephone number, of the right to request a copy of the relevant portions of the trust instrument and of the right to a trustee's report as provided in subsection C of this section.Ĥ. Within sixty days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address and telephone number.ģ. On request of a beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument that are necessary to describe the beneficiary's interest.Ģ. Unless the trustee determines that it is unreasonable under the circumstances to do so, a trustee shall promptly respond to a beneficiary's request for information related to the administration of the trust.ġ. Unless the trust instrument provides otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. ![]() Please contact me if you have any questions related to the duty to inform and consult with employees, or any other EEA related matter.A. At GBS our experienced team of consultants have assisted numerous organisations with Employment Equity rollouts, starting with the appointment of an EE Manager and awareness sessions for staff and working through all the necessary steps towards compliance as illustrated in the diagram below. (3) An employer who has an employment equity plan must make a copy of the plan available to its employees for copying and consultation.Įmployers who fail to consult and communicate with employees on EEA, plans and reports may be found non-compliant. (c) any other document concerning this Act as may be prescribed. (b) any compliance order, arbitration award of order of the Labour Court concerning the provisions of this Act in relation to that employer and (a) the most recent report submitted by that employer to the Director-General ![]() (2) A designated employer must, in each of its workplaces, place in prominent places that are accessible to all employees. (1) An employer must display at the workplace where it can be read by employees a notice in the prescribed form, informing them about the provisions of this Act. Section 25 of the Act which reads as follows: – I f the employer’s workplace facility is not conducive to display its employment equity plan and report, then the employer has a duty to advise its employees on how and where to access such a plan. It is good practice for a designated employer to display its employment equity plan, report and summary of the EEA. ![]() This must be identified as a part of barrier analysis process and corrective measures to recruit persons with disabilities must be recommended.ĭuty to inform is regulated in terms of section 25 of the Employment Equity Act. For example, if no persons with disabilities are employed in the workforce of the designated employer another employee may be assigned to represent the interests of persons with disabilities during consultation. Effective consultation requires nomination of employees across all occupational levels, designated groups, non-designated groups and a shop steward representative where the workplace is unionised.ĭesignated employers with no equitable demographic representation must consult by assigning other members to represent the interest of the under-represented constituencies until such time that missing constituency representative is employed. Designated employers have a duty to consult employees in term of Section 16 and 17 of the Employment Equity Act, and they must take reasonable steps to consult. ![]()
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