Day One
The Labour Relations Act
Unfair Dismissals
- Legal meaning of dismissal
- Automatically unfair dismissals
- Other unfair dismissals (i.e. those not considered automatically unfair)
- Codes of Good Practice
- Dismissals for misconduct and incapacity
- Dismissals for ill health or injury
- Dismissals based on operational requirements
- Fair and unfair labour practices
- Convening procedurally correct disciplinary enquiries
- Substantive merit in dismissals
Day Two
Mediation, Arbitration, “Con-Arb” and the CCMA
- Serving and filing of the documents
- Conciliation of disputes
- Arbitrations
- Con-Arb in terms of Section 191 (5 A)
- Pre-dismissal arbitration
- Condonation for late application
- How to request arbitration and when to hold a pre-arbitration conference
- Postponing arbitrations
- How to bring an application
- How to verify or rescind arbitration awards
- How to refer a dismissal dispute to the Labour Court
- How to issue subpoenas
Presenting your case at the CCMA
- Presenting proof to justify your case
- Avoiding errors to achieve optimal outcomes
Effective procedures and practices for dismissals
- Even though there might be a valid, substantive reason for dismissal, the employer must follow a fair procedure before dismissing the employee
- Code of good practice: dismissals
- Fair grounds for dismissals
- Disciplinary procedures prior to dismissal
- Disciplinary measures short of dismissal
- The role of the initiator, the chairperson, and the HR Practitioner
- The procedural requirements
- Gathering required evidence to ensure a more valid and comprehensive case
Effective procedure and practices for performance
- Fair grounds for performance review
- Measurable performance standards
- Questions that should be asked with regard to the employee and the job
- Training, counselling, instruction, guidance and evaluation
- Alternatives to dismissals
Minimizing Labour Relations risks
- Preparing your organization for the future and thus minimizing the risk. Be aware of the risks associated with dismissals and the effect on the organization as well as how to combat these risks
- Ethical practices
- Areas to tread lightly
- Practices to minimize your risk and resultantly minimize the chance of disputes
Best practices for managing grievances
- Importance of a grievance procedure. What is involved in the procedure?
- The in-house grievance procedure
- Handling a grievance meeting
- Looking for the roots of the grievances
Case studies
- Various industrial relations case studies will be discussed in groups enabling individual participation within a group.
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