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 comparison of the courts processes that labour disputes can be taken to, including awareness of the Labour Law Amendment Bill (Government Gazette No. 54220, 26 February 2026) — the most comprehensive review of South Africa's employment legislation in more than a decade, amending the LRA, BCEA, and Employment Equity Act
- 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, including the current earnings threshold of R269,600.90 per annum (R22,466.74 per month), effective 1 May 2026
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, applying the current Code of Good Practice: Dismissal (effective September 2025, which replaced the previous Schedule 8 framework)
- Identify the various grounds that constitute 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 requirements, 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 and 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, including the Employment Equity Amendment Act's mandatory five-year sectoral numerical targets under Section 15A, covering 1 September 2025 to 31 August 2030 across 18 national economic sectors, disability employment targets now increased from 2% to 3%, and the requirement for Employment Equity Compliance Certificates for employers seeking to do business with the State
Module Seven: Collective Labour Law and Industrial Action
- Collective labour law and industrial action in South Africa
- Outline the general principles in relation to collective labour law
- Identify the agents in the bargaining process and explain how this process is conducted
- Discuss the nature and importance of collective agreements in terms of employment law
- Illustrate the legal effect of and potential remedies for different forms of 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 commissions that are involved
- Recall the different types of disputes that may occur in labour law
- Identify the various mechanisms through which labour law disputes may be resolved, aware of current CCMA case law such as De Wet v CCMA, which confirmed that delays in taking disciplinary action are not automatically unfair and that fairness depends on context, the nature of the allegations, and employer justifications
- 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, applying the current Code of Good Practice: Dismissal (effective September 2025, which replaced the previous Schedule 8 framework).
- Determination of the employees and employers' rights regarding discipline at work
- Effective structures and systems to create a good organisational 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 organisational 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
