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Fundamentals of Labour Law and Employee Relations

3 Day Training

Dates: Available on Request
Locations: Johannesburg, South Africa
Platform: Available In-Class / Online

Price: Available on request

Course Introduction

The aim of this Fundamentals of Labour Law and Employee Relations course is to equip candidates to develop insights and expertise into the ways to ensure effective application and implementation of the Labour Law in the workplace. It is specifically designed to introduce participants to the principles of labour law both for individuals and labour collectives and furthermore the international labour Standards in terms of conventions and the recommendations will be introduced. The overarching aim is for participants to have a good grasp of the basic principles of labour law in South Africa and the ability to apply that law to resolve social and workplace challenges.

Course Objectives

The Specific Outcomes participants will have the opportunity to achieve:

  • An understanding of the historical origins of labour law in South Africa.

  • An understanding of the legal framework for labour in South African law.

  • The ability to reflect critically on the place of labour law within South African Constitutional framework.

  • The ability to determine the relevance or otherwise of specific pieces of labour legislation and/ or the common law to factual scenarios

  • The ability to utilise the legal framework for labour law to predict likely case outcomes in labour disputes.

  • An understanding of how labour law intersects with various fields of law

Who should attend?

  • HR Managers/Officers

  • Practitioners

  • IR Managers/Officers

  • Managers

  • Supervisors

  • Shop Stewards

Human Resource (HR) Courses

Training Methodology

Our diverse instructional approaches ensure effective learning:

– Lectures & Presentations: Engage with expert-driven, stimulating content.
– Course Material: Access well-crafted supporting resources.
– Group Work: Collaborate on discussions and case studies for practical insights.
– Workshops & Role-Play: Participate in immersive, scenario-based activities.
– Practical Application: Focus on applying theoretical knowledge in real situations.
– Post-Training Support: Receive extensive support after training for skill implementation.

Training Outline

Module One: Labour Legislations

Labour Law aims to concentrate the inequality of power between employers and employees.

Participants will be equipped with a thorough knowledge of the principles of Labour law in practice.

  • Introduction to labour law in South Africa

    • Origins, development, and philosophy of labour law regulation in South Africa

    • Basic Conditions of Employment

    • Description of the main labour law statutes and compare the courts processes that labour disputes can be taken to.

    • Description of the statutory bodies that affect the development of labour law

    • Explanation of the employment relationship, who is party to it and what their duties are under labour law.

    • Individual labour law

    • Contracts

    • Dismissals

    • Unfair labour Practice

    • Dispute Resolution

    • Employment Equity

  • Collective Labour law

    • Freedom of Association

    • Organisational Rights

    • Collective bargaining and its regulations

    • Industrial Action

Module Two: The Employment Contract, Basic Conditions of Employment and Termination of Employment Learn about the individual employment contract

  • Identify the elements and procedures of the individual contract of employment

  • Review the duties of employers and employees

  • Interpret the Basic Conditions of Employment Act

Module Three: Workplace Discipline and Automatically Unfair Dismissals

Learn about workplace discipline and what constitutes an unfair dismissal

  • Discuss general principles of discipline in the workplace

  • Identify the various grounds that constitutes a dismissal in law

  • Complete a document outlining the disciplinary procedure for a functional company

  • Differentiate between a normal dismissal and automatically unfair dismissal

Module Four: Dismissal for Misconduct and Poor Performance or Incapacity

Learn about dismissal for misconduct and poor performance or incapacity

  • Analyse whether a dismissal for misconduct has a fair reason

  • Analyse whether a dismissal for misconduct has followed a correct procedure

  • Identify what constitutes poor work performance and when it is fair to dismiss an employee on these grounds

  • Explain ill health or injury and when it is fair to dismiss someone on these grounds

Module Five: Dismissal for Operational Requirements, Closures, Mergers and Sale of Business

Learn about dismissal for operational, closures, mergers, and sale of Business

  • Identify what constitutes an operational requirement in terms of employment law

  • Articulate the requirements for fairness in dismissals for operational requirements

  • Investigate the effect of a business transfer on employees in terms of employment law, be it under normal or insolvent circumstances

  • Recommend what information should be prepared for a retrenchment consultation.

Module Six: Unfair Labour Practice and Employment Equity

Learn about unfair labour practice employment equity

  • Outline the common examples of what constitutes unfair labour practices

  • Identify the most common forms of unfair discrimination in the workplace

  • Explain how claims of unfair discrimination in the workplace should be resolved

  • Articulate how the principle of affirmative action should be implemented in the workplace

Module Seven: Collective Labour Law and Industrial Action

Collective labour law at industrial action in South Africa

  • Outline the general principle in relation to collective labour law

  • Identify the agents in bargaining process and explain how this process is conducted

  • Discuss the nature and importance of collective agreement in terms of employment law

  • Illustrate the legal effect of and potential remedies for different forms and industrial action

  • Complete part of a strike contingency plan

Module Eight: Dispute Resolutions and CCMA Procedures

Learn about dispute resolution and the various courts and comments that are involve

  • Recall the different types of disputes that may occur in labour law

  • Identify the various mechanisms through which labour law disputes may be resolved

  • Illustrate an understanding of the role of the CCMA in employment dispute resolutions

Module Nine Discipline & Disciplinary Action

This module enables delegates to conduct proper disciplinary hearings and to administer disciplinary principles in a fair and consistent manner. It will lead delegates through the required procedural and substantive aspects pertaining to disciplinary action.

  • Determination of the employees and employers’ rights regarding discipline at work

  • Effective structures and systems to create a good organizational climate

  • Identification of various disciplinary offences and application of appropriate sanctions

  • Most appropriate methods to apply equity and non-discrimination in the workplace

  • Discussion of the essential elements of organizational Code of Professional Conduct

  • Determination of Internal Regulations Policy that regulates employee relations

  • How to draft the allegations/charges / notice to attend a hearing

  • Understand all fairness and equity principles

  • Create a better understanding of required procedures during hearings

  • Preparation for the hearing

  • Procedure and conduct during the disciplinary hearing

  • Procedure and conduct during the appeal hearing

  • Be able to prepare for such hearings

  • Understanding and complying with the duty to keep record

  • Chairing the hearing

  • Conducting and managing the hearing

  • Implement procedure to handle non-dismissible offences.

  • Hear pleadings

  • Mitigating & aggravating circumstances

  • Take a decision as to sanction.

  • Inform employee of and record decisions.

  • Ensure that proceedings and decisions are recorded

  • Fun Role Play of a Disciplinary Hearing

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