Course Name
Course 13 - Labour Laws - Basic introduction for practitioners
Course Description
This introduction to the predominant labour laws in South Africa will enable the Employer and the practitioner to understand the main elements of labour laws and how it will affect the employee and the employer on a day to day basis. A basic knowledge of these principles as set out in our labour laws ensure fairness, certainty and consistency in the work environment and will prevent many disputes between the employer and employee.
2 days
R 4 950.00

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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