Labour Relations

Training relevant for management and shopstewards

Providing skills in:

    • Gathering of evidence

    • Leading evidence

    • Preparing witness

    • Evidence in chief

    • Cross examination

    • Closing arguments

    • Evidence in mitigation and aggravating

Course objective:

    • Analyze and communicate workplace data

    • Identify and categorize transgressions

    • Implement procedure for non dismissible offences

    • Represent the employee at a disciplinary hearing

Conducting Disciplinary Hearings

    • Right to a hearing

    • Rationale for a pre dismissal hearing

    • Substantive fairness

    • Procedural fairness

    • Proof on a balance of probabilities/ beyond reasonable doubt

Relevant case studies*

    • Dismissal

    • misconduct

    • incapacity

    • probation

  • *These are provided during training

CONFLICT MANAGEMENT AND NEGOTIATIONS SKILLS

To be able to negotiate and handle conflict and prevent or resolve disputes in an effective manner

    • Obstacles to effective conflict handling are fewer

    • That consensus based approaches to conflict management are used as first step in conflict handling

    • That the outcome of conflict are more needs focused

    • That the negotiations process are more needs focused than positional

    • That the outcomes of negotiations are more needs focused and of mutual gain

    • That the behaviors of managers are more conducive to effective outcomes

    • That meetings are more participative and achieve needs based outcomes.

Substantive law

Section I

Introduction to Subtantive Law

    • Law and Morality

    • Employee versus and Independent Contractor

    • Back Ground to Labour Relations Act

    • Dispute Resolution Procedure under the LRA

Section II

Introduction to Law of Dismissals

    • What is a dismissal in terms of section 186

    • Identifying fault in dismissal disputes

    • Jurisdiction in dismissal disputes

    • The need for a disciplinary hearing

    • Procedural Fairness

    • Case Study - Identifying the reasons for dismissal

    • Substantive and procedural fairness in dismissal disputes

Substantive law continued

Section III

Substantive Fairness in Misconduct

    • Detailed Case Study

    • Minor Case Studies

Section IV

Dismissal Law

    • Miscellaneous forms of Misconduct - Case Studies

    • Remedies for Unfair Dismissals

    • Determining the date of dismissal

    • Dismissal for Operational Reasons

Substantive law continued

Section V

Substantive Fairness in Misconduct

Dismissal Law Continued

    • Individual Operational Requirements disputes

    • Transfers of Contracts of Employment

    • Automatically Unfair Dismissals

    • Unilateral Changes to T's & C's of Employment

    • Contractive Dismissals

    • Probationers and Incapacity

Section VI

Basic Condition of Employment Act

    • Miscellaneous forms of Misconduct - Case Studies

    • Remedies for Unfair Dismissals

    • Determining the date of dismissal

    • Dismissal for Operational Reasons

Substantive law

Section VII

  • Unfair Discrimination

    • Background - Schedule 7 of LRA Item 2(1)(a) and Employment Equity Act Provisions

    • Recruitment and Selection

  • Residual unfair labour practices

    • Unfair Conduct of Employment relating to promotion, demotion training and the provision of benefits -

    • Schedule 7 Item 2(1)(b)

    • Unfair suspension and other forms of disciplinary action short of dismissal - Schedule 7 Iterm 2(1)(c )

    • Failure to re-employ in terms of an agreement - Schedule 7 I term 2(1)(d)

    • The need for a disciplinary hearing

    • Procedural Fairness

    • Case Study - Identifying the reasons for dismissal

    • Substantive and procedural fairness in dismissal disputes

    • Remedies for Unfair Labour Practice

    • Case Study – Discrimination or promotion?

Duration of the courses

Initiating disciplinary procedure

2 Days

Conducting disciplinary procedure

3 Days

Conflict management

3 Days

Labour Law

5 Days