Course 13 - Labour Laws - Basic introduction for practitioners

Module 1 : Introduction - Relevant Legislation: Labour Relations Act

• Disciplinary hearings
  • Basic principles of fairness - substantive and procedural
  • Pre-disciplinary procedures: investigation into misconduct
  • The disciplinary procedure - formal or informal
  • The role of the disciplinary codes and procedures
  • Schedule 8 of the LRA - Code of conduct
  • Mitigation, aggravation and sanctions
  • Resignations
  • Internal grievances
  • Probation

• Incapacity (poor performance) dismissals
  • The code of conduct - schedule 8
  • Requirements for poor performance procedure
  • Constructive Dismissal - The requirements

• Incapacity (illness) dismissals
  • The code of conduct - Schedule 8
  • Requirements for ill health procedure

• The CCMA process
  • Referral of disputes - forms and how to complete it
  • Dispute procedures and path in terms of the LRA
  • CCMA Jurisdiction on disputes
  • The conciliation process
  • The arbitration process
  • Remedies in the CCMA
  • Condonation for late referrals and rescissions
  • Different types of disputes - jurisdiction of CCMA
  • Unfair labour practices
  • Automatic unfair dismissals and unfair labour practices
  • CCMA Rules

Module 2 : Introduction - Relevant Legislation: Basic Conditions of Employment Act

• Regulation of work time - overtime, compressed work week, averaging of hours, meal intervals, rest periods, pay for Sunday and holiday work
• Leave regulations, sick leave,
• Maternity leave and protection of wife and child
• Family responsibility leave
• Written particulars of employment, keeping of records, information to be supplied to employees
• Payment of remuneration and deductions
• Calculation of remuneration and wages
• Notice of termination of employment
• Payment on termination
• Certificates of service
• Minimum wages, sectoral determinations and transgressions
• Complaints to the DOL and DG
• Fines, compliance orders and Labour Court applications
• Section 77 - jurisdiction of Labour Court for payment and civil claims for failure to pay remuneration and benefits

Module 3 : Introduction - Relevant Legislation: Employment Equity Act

• Equity and equality requirements
• Defining unfair discrimination - some case studies
• Equal pay for equal work
• Harassment
• Affirmative action
• Disputes and jurisdiction of the CCMA, fines and compliance
• Codes of conduct
• Employment equity reports and plans

Module 4 : Retrenchments

• The code of good practice
• Substantive requirements
• Procedural requirements - the consultation process
• Settlement and severance pay
• Remedies - CCMA jurisdiction in retrenchment cases

Module 5 : LRA Amendments

• Vulnerable employees - part time, temporary employees and labour brokers