South African Labour and Employment Law Documents

SA Labour and Employment Law Documents

At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications.

Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.

From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.

For more information you can contact Labour Smart at 012 345 2955

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Title	Description	Type	Price
Constructive Dismissal CCMA Category CCMA	Information sheet by the CCMA on Constructive Dismissal - Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer.	Forms	FREE	Preview
Constructive Dismissals - a difficult case to prove Category Dismissal	An article discussing requirements to be proven when alleging constructive dismissal by an employer.	Information Sheet	R 95.00	Preview
Conducting Arbitrations in the CCMA and Bargaining Councils Category CCMA and B/councils	A publication instructing practitioners how to prepare for and conduct conciliation and arbitration proceedings in the CCMA and Bargaining Councils. It includes topics such as a discussion in the CCMA and Bargaining Councils, relevant sections of the LRA, rights and interest disputes, unfair labour practices, schedule 8, unfair dismissal, dispute procedures, conciliation, con-arb, subpoena, pre-dismissal arbitration, CCMA rules and forms, preparation for arbitration, witnesses, statements, evidence and bundles, cross examination, commissioners, opening and closing statements, burden of proof, discussion on evidence, hearsay evidence, postponements, applications, review and rescission.	Publication	R 330.00	Preview
Workplace Discipline and Dismissal Category Dismissal	This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place.	Publication	R 330.00	Preview
Automatic Unfair Dismissals Category Dismissal	A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy.	Information Sheet	R 150.00	Preview
Disciplinary sanction form - Dismissal Category Disciplinary hearings	A form to be used by a Chairperson of a disciplinary hearing when dismissing an employee.	Information Sheet	R 190.00	Preview
Dispute procedures and path in terms of the LRA Category Settlement agreements	A discussion document on the dispute procedures and path as set out in the LRA, specifically dealing with conciliation, arbitration, pre-dismissal arbitration and con-arb.	Information Sheet	R 430.00	Preview
Disputes about unfair dismissals Category Dismissal	An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal.	Information Sheet	R 285.00	Preview
Pre-dismissal Arbitration Agreement Category CCMA and B/councils	Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example.	Information Sheet	R 70.00	Preview
Pre-dismissal Arbitration Agreement Category CCMA and B/councils	Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example.	Template	R 85.00	Preview
Pre dismissal arbitration Category Discipline	Section 188A regulates a pre-dismissal arbitration process. This process is held through the CCMA or bargaining council and should be used only in regard to high level employees.	Information Sheet	R 110.00	Preview
Schedule 8 of the LRA Category Codes of good practice	The code of good practice on dismissal is a code which provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness.	Information Sheet	R 255.00	Preview
The effect of theft in the workplace Category Disciplinary hearings	Every employer will probably, at some stage or another, be faced with theft in its workplace. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty destroys the trust between employers and employees.	Information Sheet	R 110.00	Preview
Unfair dismissal Category Dismissal	The code of good practice on dismissal is a vitally important document in the Labour Relations Act, which should be studied by any party referring or defending a dispute in the CCMA or a council relating to dismissal and incapacity cases. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness.	Information Sheet	R 360.00	Preview
LRA 7.19 Form - Request for inquiry by arbitrator Category CCMA	THE PURPOSE OF THIS FORM - Request for inquiry by arbitrator - An employer requesting a pre-dismissal arbitration fills in this form.	Forms	FREE	Preview
Code of Good Practice - Dismissals Category Department of Labour	Code of Good Practice on Dismissals - This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity.	Forms	FREE	Preview
Con-Arb CCMA Category CCMA	Information sheet by the CCMA on Con-Arb - Section 191 now makes provision for the con-arb process, which is a speedier one-stop process of conciliation and arbitration for individual unfair labour practices and unfair dismissals. (Mar 2002)	Forms	FREE	Preview
Constructive Dismissal CCMA Category CCMA	Information sheet by the CCMA on Constructive Dismissal - Constructive dismissal is where an employee resigns with or without a notice or leaves employment due to unfair pressure, unreasonable instruction or unbearable conduct on the part of the employer.	Forms	FREE	Preview
Late Referrals CCMA Category CCMA	Information sheet by the CCMA on Late Referrals - Applications for condonation - The Labour Relations Act, as amended, stipulates that unfair dismissal disputes need to be referred to the CCMA within 30 days of the date of the dismissal.	Forms	FREE	Preview
Misconduct CCMA Category CCMA	Information sheet by the CCMA on Misconduct (1) - Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive discipline.	Forms	FREE	Preview
Pre-Dismissal Arbitrations CCMA Category CCMA	Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party.	Forms	FREE	Preview
Basic Guide to Unfair Dismissal and Unfair Labour Practices Category Department of Labour	Every worker is entitled to fair labour practices. There are several types of unfair dismissal and unfair labour practices. Workers may consent to pre-dismissal arbitration.	Forms	FREE	Preview
Constructive Dismissals - a difficult case to prove Category Dismissal	An article discussing requirements to be proven when alleging constructive dismissal by an employer.	Information Sheet	R 95.00	Preview
The Law on Resignation or Dismissal Category Employment agreements	Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA.	Articles	FREE	Preview
When is a dismissal fair in alcohol abuse cases Category Discipline	Every chairperson, when deciding on a sanction, must go through a process where he or she decides whether dismissing the employee is the right or fair thing to do. A consideration of case law regarding fairness in intoxication misconduct cases.	Articles	FREE	Preview

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SA Labour and Employment Law Documents

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