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2010

SA Labour Guide

 S.A. Labour Guide – Labour Law and Employment manual for 2010 – now AVAILABLE

 


Click here to download order form

 


We have received literally hundreds of enquiries asking whether or not we are producing a Labour Law, Employment and Health and Safety Manual for 2010.

Due to the heavy demand, we have decided to once again publish the S.A. Labour Guide Labour Law, Employment and Health and Safety Manual for 2010.

This year we present a new issue of the extremely popular Manual in CD format.

We are therefore this year publishing a new issue of the extremely popular Manual on CD, containing the following folders: 

  • Managing Discipline in the workplace
  • Managing Poor Performance
  • Retrenchments
  • Human Resources
  • CCMA
  • Employment Equity
  • Basic Conditions of Employment: A Practical Explanation
  • Compensation for Occupational Injuries and Diseases
  • Health and Safety
  • Draft Policies
  • Acts and Regulations
  • Codes of Good Practice
  • CCMA Referral Forms
  • CCMA Information Sheets
  • Sectoral Determinations

 The manual will only be available until 28 February 2010 – place your order now.

Price: R 1890-00 incl. Vat and postage

To secure your copy, complete the online form or complete the order form on our website and e-mail it to  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  The manual will only be available until 28 February 2010.

  • Price: R 1890-00 incl. Vat and postage 

For more information contact:

·        Renier/ Deidre on (012) 666 8284
·        Magda/ Peraldo on (012) 661 3208  
·        Fax (012) 666 8264 or (012) 661 1411 or fax to email 086 547 2636  
·        This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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TABLE OF CONTENTS

 

SECTIONS:                 

A - MANAGING DISCIPLINE IN THE WORKPLACE

A1        Managing Discipline in the Workplace Guide (Guide - 136 pages)

Chapter 1: The Code of Good Practice – Dismissal

Chapter 2: Defining Dismissal and Fair Procedure Prior to Disciplinary Action

Chapter 3: The Role Players in the Disciplinary Process

  • The chairperson
  • The complainant
  • The interpreter
  • Witnesses
  • The secretary
  • The respondent
  • The respondent's representative
  • The appointment of the investigator

Chapter 4: Offences and the Disciplinary Code

  • Timekeeping offences
  • Negligence, loss or damage to, or misuse of the employer's property
  • Insubordination or disorderly or unacceptable behaviour
  • Sexual harassment 
  • Disorderly behaviour
  • Alcohol and drugs
  • Other Offences
  • Other Serious Offences

Chapter 5: The Investigation

  • Identify and investigate the misconduct
  • What must the investigator look for?
  • Identifying and proving of the different acts of misconduct

  • Bringing the employer's name into disrepute
  • Wilful damage to the employer's property
  • Disobeying safety rules and regulations
  • Fraudulent timekeeping, fraud or forgery
  • Falsifying of documents
  • Assault or indecent assault
  • Abusive language, disorderly behaviour, racism or racist comments
  • Insubordination
  • Conflict of interest/ dereliction of duty
  • Dishonesty
  • Sexual harassment
  • Refusal to work overtime without a valid reason- despite the fact that reasonable notice was given
  • Unauthorised or unlawful possession of drugs and alcohol
  • Unauthorised possession of company property or theft
  • Use of company vehicle without permission
  • Under the influence of, or having consumed, alcoholic liquor or drugs off the premises by presenting himself for work, or on the premises after having arrived at work
  • Unauthorised absenteeism from the workplace
  • Abuse of sick leave

Chapter 6: The Investigation continues

  • Has a rule been broken?
  • Was the rule lawful and fair?
  • Did the employee know about the rule
  • Did the employer have a reasonable expectation of compliance?
  • Did the employee understand the rule?
  • What about consistency?

Chapter 7: Sources of evidence

  • Eye witnesses
  • The accused employee
  • Accomplices
  • Documentary evidence
  • Security guards
  • Site inspection
  • Customers
  • Suppliers
  • Sub contractors

Chapter 8: Witness Statements

How to take down statements?

  • Time and accuracy
  • Contamination of completeness
  • Be concise
  • Objectivity
  • Comprehensibility
  • Honesty
  • Statements made voluntary
  • Language
  • Sworn statements or statements taken under oath
  • The form of the Statement

Chapter 9: Finalising the investigation and charging the employee

  • Application of the procedure
  • Objectives
  • Terminology
  • Charging the employee
  • When to hold a formal disciplinary hearing
  • The informal disciplinary hearing
  • Suspension of the employee

Chapter 10: Preparing for the Disciplinary Hearing

·        Final Preparation
·        Do's and Don'ts for Initiators

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B - MANAGING POOR PERFORMANCE

 B1        Managing Poor Performance & Procedures (Guide - 30 pages)

 Chapter 1: Distinguishing misconduct from incapacity 

  • Introduction
  • Lack of training, qualifications and experience
  • Alcohol or drug addiction
  • Outside or social influences
  • Work related stress
  • Incompatibility
  • Procedural and Substantive fairness in dismissal
  • A fair procedure encompasses

Chapter 2: Dismissals for Incapacity – Poor Work Performance 

  • Dismissal while on Probation
  • Dismissals for incapacity - Poor work performance – after probation
  • Performance assessment and evaluation form for probation

Chapter 3: Incapacity due to ill health or injury 

  • Dismissal for Incapacity - ill-health or injury

Chapter 4: Performance assessment and evaluation form for poor performance evaluation program 

  • Flowchart
  • Assessment documentation

C - RETRENCEMENTS 

C1        Retrenchment Guide  (Guide - 60 pages) 

Chapter 1 – Retrenchment in terms of section 189 of the Labour Relations Act 66 of 1995

1.         Introduction

2.         The Code of Good Practice on Dismissals based on Operational requirements 

3.         ETSOS – The substantive requirement  

  • The real reasons for retrenchment
  • The synergy between substantive and procedural fairness
  • Changes to terms and conditions of employment and retrenchment
  • Economic downfall as a requirement

4.      Procedural Requirements

  • The consulting parties
  • The section  189(3) invitation notice
  • The consultation process – meaningful joint consensus seeking process in an attempt to reach consensus
  • Relationship between outsourcing and retrenchment
  • Deadlock in consultations
  • Appropriate measures to avoid dismissals.
  • Appropriate measures to minimise the number of dismissals to change the timing of the dismissals and to mitigate the adverse effects of the dismissals
  • Voluntary packages
  • Suitable alternative employment
  • The method for selecting the employees to be dismissed.
  • The severance package

5.      Disclosure of information

6.      Time frame for consultations

7.      Remedies and jurisdiction of the labour court and the CCMA.

8.      Re-employment after dismissal

9.      Single employee dismissals for operational requirements 

Chapter: 2 Retrenchment in terms of section 189a of the Labour Relations Act 66 of 1995 

1.      When does the section apply?

2.      Procedure in terms of section 189A - The role of the Commission

4.      If a facilitator has been appointed (section 189A (7))

5.      If a facilitator is not appointed (section 189A (8))

6.      Strikes for the purpose of section 189A

7.      Unfair procedure disputes in terms of section 189A (13) v disputes about substantive fairness

8.      General terms

9.      Pitfalls 

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D - HUMAN RESOURCES 

D1 Managing your Human Resources and General Challenges

(Guide – 227 Pages)  

1.      How to deal with absenteeism

  • The duty of the employee to be at work
  • Common Law
  • Statute law
  • Company Policies, Procedures and Regulations
  • Absence from work
  • Unrest, violence and strikes
  • Deliberate and willful absenteeism
  • Desertion
  • Absence from overtime work

2.      Absenteeism – at what cost?

  • Uncontrolled absenteeism
  • Warning Signs
  • Record-keeping and reviews:
  • The Employer's attendance or absenteeism policy
  • Salaries – Cost to Company

3.      Abuse of sick leave, unauthorised absenteeism, abscondment and desertion

4.      Insubordination vs. Misconduct

5.      How to deal with Insubordination

6.      Job Descriptions & Extra duties

7.      The importance of investigating allegations of misconduct in the workplace – or outside the workplace

8.      The importance of having properly trained chairpersons and chairing disciplinary in a fair and consistent manner

9.      The minimum requirements for a fair disciplinary hearing  

10.    Specific types of misconduct

  • Unauthorised use of the employer's property
  • Assault
  • Conflict of interest - unfairly competing with the employer
  • Alcohol or drug abuse & drinking on duty
  • Fraud
  • Insubordination
  • Damage to property
  • Dishonesty
  • Absenteeism, bad attendance or poor timekeeping
  • Falsification of records
  • Improper conduct
  • Incompatibility
  • Sexual harassment

11.    Grievance Procedure

12.    Guideline on holding suspensions and discussion

13.    Suspension pending disciplinary hearings and Suspension as a penalty during disciplinary hearings

14.    Dishonest job applications

15.    Warnings

16.    Theft – the requirements for dismissal

17.    Polygraph testing – What to do? Can you send all your employees for a polygraph test?

18.    Guideline for employers on polygraph testing

19.    The Payment of Bonuses

20.    Re-locating the business: What about the employees

21.    Medical Certificates – What constitutes a 'valid' medical  certificate?

22.    Medical Certificates- Validity of a medical certificate as evidence

23.    Unilateral changes to terms and conditions of employment

24.    Company dress codes

25.    Office gossip can land you in the compost heap

26.    Alcoholism and the workplace

27.    Leave: A Comprehensive Guide

  • Annual leave and shutdown periods
  • Annual leave entitlement
  • Public holidays falling during a period of annual leave
  • When may annual leave be taken?
  • Section 20 (4) BCEA   (Employer forced to grant leave)
  • Annual leave during a period of notice
  • Who decides when annual leave can be taken?
  • Can I exchange may annual leave for cash?
  • Sick leave entitlement
  • Medical certificates
  • Injury on duty and sick leave
  • Maternity leave entitlement
  • Accrual of leave during maternity leave
  • Family Responsibility leave
  • Unpaid leave
  • Study Leave

28.    Sick leave: Overview

29.    Proof of Incapacity

30.    The payment of annual leave on termination of service

31.    Leave Entitlement: Explanatory Notes

32.    Unfair discrimination – pregnancy

33.    Religious Holidays

34.    Resignation before Disciplinary action

35.    Termination of fixed term contracts

36.    24-hour notices

37.    Public holidays – useful information

38.    Public holidays – Two holidays or one?

39.    Public holidays that falls on Sundays

40.    Hours of Work and Overtime

  • Overtime
  • What is "overtime worked"?
  • Overtime on short notice
  • Remuneration for Sunday and public holiday work

41.    Earnings threshold 

42.    The Earnings Threshold: Discussion Document (Explanatory   Notes)

  •             Employees earning over the threshold amount

43.    Unemployment Insurance Fund (UIF) – A comprehensive guide

44.    The employment contract: Explanatory notes

45.    Employee Status – get it right!

  • The 'temp employee: what it should not be
  • The Independent Contractor
  • A true independent contractor:
  • The Fixed Term Contract
  • The Employee
  • Is there an Employment Relationship?
  • Employee vs. Contactor (Also refer to BCEA: Easy to understand)
  • Seven factors to determine if a person is an employee or contactor
  • Interpreting the definition of an employee
  • When does a person becomes an employee?
  • Distinguishing between an employee and an independent contractor
  • Factors to distinguish a contract of employment (employee) from a contract for services
  • The dominant impression test
  • Interacting legislation

46.    Unilateral changes to terms and conditions of employment

47.    Unjustified exclusion means unfair discrimination

48.    Smoking in the workplace– Including the smoke of the "ecigarette".

49.    The "Balance of Probability"

50.    Frequently asked questions and answers: The Basic Conditions of Employment Act. (BCEA)

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E - CCMA

E1        Conducting A Case at the CCMA & Bargaining Council (Guide – 131 pages) 

Chapter 1 – The Labour Relations Act – Relevant Chapters

  • Defining the employment relationship
  • Rights and mutual interest disputes – Jurisdiction
  • Unfair dismissal and unfair labour practice disputes
  • Schedule 8 – Code of good practice on dismissal
  • Unfair Dismissals:
  • Automatic Unfair Dismissals
  • Disputes about unfair dismissals
  • Unfair Labour Practices
  • Limits on compensation in the case of unfair dismissals and unfair labour practices
  • Retrenchments as a form of dismissal

CHAPTER 2 – DISPUTE PROCEDURES AND PATH IN TERMS OF THE LABOUR RELATIONS ACT

  • Referral of disputes in terms of LRA 7.11
  • Conciliation
  • Con–Arb in terms of CHAPTER 191(5A) – rule 17
  • Certificate of outcome - Form 7.12
  • Requesting arbitration
  • Arbitration
  • Pre–dismissal arbitration in terms of CHAPTER 188A

CHAPTER 3 – CCMA RULES AND FORMS

  • Applications – Rule 31
  • Application for condonation – Rule 12
  • Serving and filing of documents
  • Calculation of time periods – Rule 3
  • Subpoenas and witness fees
  • Objections to the same Commissioner and applying for a Senior Commissioner – form 7.14 and 7.15
  • Joining or substituting parties – Rule 26
  • Taxation of costs
  • Objections to jurisdiction
  • Representation and appearance during proceedings – Rule 17, 25 and 30
  • Settlement at conciliation or arbitrations
  • Effect of arbitration awards – CHAPTER 143
  • Applications to certify award – Rule 40
  • Postponements – rule 23
  • Application for costs, cost orders and taxation – Rule 39
  • Disclosure of documents – Rule 29
  • Recording of proceedings and records – Rule
  • Private arbitrations

CHAPTER 4 – ARBITRATION – PREPARATION AND PRESENTATION

  • Introduction
  • Attending the conciliation meeting
  • Preparation for arbitration - planning your case, consultations, collecting information and evidence and preparing witnesses for evidence.
  • Procedural fairness
  • Substantive fairness

CHAPTER 5 - PRESENTING OR DEFENDING YOUR CASE

  • The Role players
  • Opening and closing statements
  • Evidentiary burden
  • Absolution of the instance
  • Discussion of sources of evidence, different types of evidence and its admissibility during arbitrations.
  • Security guards
  • Site inspections or inspection in loco
  • Customers and suppliers
  • Written statements and affidavits
  • Probative material
  • Prima facie evidence v conclusive proof
  • Admissibility and weight of evidence
  • Relevance of evidence
  • Character Evidence
  • Similar Fact Evidence
  • Opinion Evidence
  • Expert evidence
  • Previous consistent statements
  • Hearsay Evidence
  • Privileged Evidence
  • Illegally obtained evidence
  • Direct evidence and circumstantial evidence
  • The Cautionary rule
  • Admissions
  • Confessions
  • Polygraph Tests
  • Presenting and evaluating evidence
  • Consultations during evidence
  • Evidence in chief, cross examination and re- examination of witnesses
  • Postponements and part heard matters

Chapter 6 – Review – POST SIDUMO

Chapter 7 – Rescissions – Rule 32

Chapter 8 – Check list for preparation for arbitration 

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F - EMPLOYMENT EQUITY 

F1        Guide to Unfair Discrimination & Affirmative Action (Guide – 71 pages) 

Chapter 1

  • Introduction to the employment Equity Act
  • Application of the employment Equity Act                                             
  • Definitions

Chapter 2

  • Prohibition of unfair discrimination                                                                    
  • Fair discrimination – two grounds                                                                     
  • Unpacking fair discrimination                                                                           
  • Medical testing                                                                                                
  • Psychometric testing                                                               
  • People with disabilities                                                                                     
  • Disputes about unfair discrimination

Chapter 3

  • Affirmative action measures                                                                             
  • Consultation                                                                                                    
  • Matters for consultation                                                                                    
  • Collecting information and the analysis
  • Employment equity plan                                                                                               
  • Report                                                                                                             
  • Suitably qualified                                                                                                         
  • General conditions                                                                                           
  • Income differentials                                                                                          
  • Employment equity commission                                                                                   
  • Disputes about chapter 3                                                                                              
  • Protection of employee rights                                                                           
  • State contracts                                                                                                
  • Temporary employment services          
  • Liability of employers
  • Maximum permissible fines

Chapter 4

  • Code of good practice on key aspects of Hiv/aids and employment
  • Codes of good practice on the integration of employment equity into human resources policies and practices
  • Developing a workforce profile and setting numerical targets for equitable representation                                                                                               
  • Consultation

Chapter 5

  • Setting up of forums                                                                                                     
  • Functions in terms of the act and otherwise      
  • Powers and obligations
  • Challenges

G - BASIC CONDITIONS OF EMPLOYMENT 

G1        Basic Conditions of Employment – A Practical Explanation (Guide – 100 pages)

 Chapter One:

  • Definitions, Purpose and Application of This Act

Chapter Two:

  • Regulation of Working Time

Chapter 3:

  • Leave

Chapter Four:

  • Particulars of Employment and Remuneration

Chapter Five:

  • Termination of Employment

Chapter Six:

  • Prohibition of Employment of Children and Forced Labour

Chapter Seven:

  • Variation of Basic Conditions of Employment

Chapter Eight:

  • Sectoral Determinations

Chapter Nine:

  • Employment Conditions Commission

Chapter Ten:

  • Monitoring, Enforcement and Legal Proceedings

Chapter Eleven:

  • General

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 H - COMPENSATION FOR OCCUPATIONAL INJURIES & DISEASES

 H1        Compensation for Occupational Injuries & Diseases Act

H2        Comprehensive Guide – COID (Guide - 108 pages)

 Chapter 1: Introduction          

  • Compensation and legislation
  • The COIDA
  • The compensation fund
  • The Compensation Commissioner
  • Compensation board
  • Aim of the COIDA

Chapter 2:  Accidents and occupational disease - right to compensation

  • Accidents
  • Definition of an accident
  • What is an accident?
  • On duty
  • Travelling to and from work
  • Non-scheduled diseases
  • Definition of an occupational disease
  • Scheduled diseases     
  • Occupational diseases

Chapter 3: Right to compensation employer obligations

  • Who is entitled to receive compensation?
  • Employee means
  • Employees exclude
  • Threats and compulsion
  • Dependant of an employee means

Chapter 4: Information applicable to compensation

  • Rules for employees involved in accidents outside SA
  • Employee temporarily outside - not longer than 12 months
  • Employees outside for longer than 12 months
  • Application of the Act to seamen and airmen
  • Employee requiring constant help
  • Special circumstances in which Director-General may refuse award    
  • Special circumstances in which Director-General may make award 
  • Accidents during training for or performance of emergency services                                             

Chapter 5: Employers: contributions and registration

  • Who contributes to the Fund?
  • Employer means
  • The following employers are exempted
  • Liability for payment of compensation
  • Recovery of damages
  • Example of the W As 2 form
  • Registration of employers
  • Mutual Associations

Chapter 6: Assessment fees; return of earnings and rebates

  • Assessment Fees
  • Calculation of Assessment Fees
  • The formula that is used is the following
  • Assessment tariffs
  • Payments
  • Method of payment
  • Merit Rebates
  • When are employers required to submit their return of earnings?           
  • Failure to Pay

Chapter 7: Contractors; recovery of damages and compensation paid from third parties

  • Contractors
  • Letter of good standing
  • Recovery of damages and compensation paid from third parties

Chapter 8: Notices; reporting and recording of accidents

  • Notice of accidents
  • Type of accidents or diseases that must be reported
  • Notice of accident by an employee to the employer
  • Notice of accident by employer to the commissioner
  • Notice of an occupational disease and claim
  • Reporting and recording of occupational injuries and diseases under the OHSA
  • Procedure for reporting of section 24 incidents
  • Employers are obligated to report certain incidents to the Department of Labour
  • Record keeping
  • Procedure for reporting of Occupational Diseases
  • Reporting of Occupational Diseases

Chapter 9: Calculating earnings checklist for compensation problems

  • Manner of calculating earnings of an employee
  • Earnings exclude
  • Earnings include

Chapter 10: Types of compensation that could be claimed

  • Type of compensation that may be claimed
  • Disablement    
  • Permanent disability
  • Death benefits
  • Temporary disability
  • Medical expenses and conveyance of injured employee
  • Increased compensation

Chapter 11: Repudiation of claims

  • When will the fund not make a payment?
  • Laps of right to benefit
  • Booked of for less than three days
  • False statements
  • Refusal to submit to medical examination or treatment
  • Serious and wilful misconduct

Chapter 12: Legal prescriptions relating to compensation

  • Legal rules relating to compensation
  • Compensation may not form part of an estate
  • Inquiry by the Commissioner into an accident
  • Fines and penalties
  • Objection against decision of Commissioner
  • Penalties
  • Notice of formal hearing
  • Percentage fine - Failure to pay assessment or other moneys

Chapter 13: Claiming procedure

  • Injuries on duty (IOD)
  • Claiming procedure for an injury on duty (IOD)  
  • Payments for Injuries on Duty (IOD)
  • Occupational diseases
  • Submission of forms
  • When to submit a claim for an Occupational Disease
  • Claiming procedure for an Occupational Disease
  • The types of compensation paid to employees for diseases

Chapter 14: Claims, medical expenses and directions to medical the        practitioner/chiropractor/hospital

  • Medical examinations
  • Medical expenses
  • Claims with the compensation fund
  • Tariff of Fees in respect of Medical Aid
  • The Employee and the Doctor
  • Directions to medical practitioner/chiropractor/hospital

Chapter 15: Applicable reports and notices

  • Updated forms

Chapter 16: Checklists for compensation problems information applicable                                     to compensation

  • Checklist for injuries on duty (IOD)
  • Checklist for Occupational Diseases

Chapter 17: Reporting, recording and investigation of incidents

  • Correct reporting procedures    
  • Who should conduct the investigations
  • Practical application
  • Prescribed time frame for formal investigation
  • Reporting of Occupational Injuries and Diseases
  • Annexure 1 (GAR 9) OHSA
  • Reasons for the investigation of incidents

Chapter 18: Poor performance procedures in cases of injuries on duty

  • Incapacity: ill health or injury
  • Dismissal for incapacity - ill health or injury
  • Guidelines in cases of dismissal arising from ill  health or injury

Chapter 19: New amendments to the COIDA

H3        Prescribed Schedules
H4        Documentation - Occupational Diseases
H5        Documentation - Injuries on Duty
H6        Industry Classifications
H7        Classes Subclasses and Assessment Tariffs
H8        Was 178T Standard Rates for Earnings 2009
H9        Documentation - Request for Reopening a Claim
H10      W.As.2 - Registration of Employers
H11      Details - Compensation Commissioner
H12      Circular Instructions
H13      Basic Guides DoL
H14      Documentation - Death of an Employee
H15      Documentation - Medical Accounts
H16      Instruction Regarding Aggravated Asthma
H17      Regulation HIV Instruction
H18      Documentation – NIHL
H19      WRULDS
H20      Dermatological Report
H21      Documentation – PTSA
H22      Other Forms

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I - HEALTH & SAFETY

 

I1         Occupational Health and Safety Act
I2         Explaining Health & Safety (Compliance Checklist) (Guide - 54 pages)

 Chapter 1: Introduction and aim 

  • The Aim and Scope of the OHS Act
  • The Department of Labour
  • Inspections
  • Powers of inspectors
  • Prohibition notices
  • Contravention notices
  • Improvement notices
  • Other powers
  • Important principles
  • Checklist 1: Self evaluating checklist on important principles

Chapter 2: Sections of the act

Section 1: 

  • Significant term and Definitions
  • Safety risk assessment
  • Checklist  2: Self evaluating checklist on significant terms and definitions

 Section 7: Health and safety policy

  • Checklist 3:  Self evaluating checklist on health and safety policy

Section 8: General duties of employers to their employees

  • Checklist 4: Self evaluating checklist general duties of employers to their employees

Section 9:  General duties of employers and self employed persons

  • Checklist 5:  Self evaluating checklist general duties of employers and self employed persons

Section 10:  General duties of manufacturers

  • Checklist 6:  Self evaluating checklist on general duties of manufacturers

Section 13:  Duty to inform

  • Checklist 7: Self evaluating checklist on duty to inform

Section 14: General duties of employees

  • Checklist 8:  Self evaluating checklist on general duties of employees

Section 15:  Duty not to interfere

  • Checklist 9: Self evaluating checklist on duty not to interfere

Section 16:  Chief executive officer

  • Checklist 10:  Self evaluating checklist on Chief executive officer

Section 17: Health and safety representatives

  • Checklist 11:  Self evaluating checklist on health and safety representatives

Section 18:  Functions of health and safety representatives

  • Checklist 12: Self evaluating checklist on Functions of health and safety

Section 19:  Health and safety committee

  • Checklist 13:  Self evaluating checklist on Health and safety committee

Section 20: Functions of health and safety committees

  • Checklist 14: Self evaluating checklist on functions of health and safety committees

Section 22: Sale of certain articles prohibited

  • Checklist 15: Self evaluating checklist on sale of certain articles prohibited

Section 23: Certain deductions prohibited

  • Checklist 16: Self evaluating checklist on certain deductions prohibited

Section 24: Reporting to Inspector regarding certain incidents

  • Procedure for reporting
  • Prescribed documentation
  • Checklist 17: Self evaluating checklist on reporting to Inspector regarding certain incidents

Section 25: Report to Chief Inspector regarding occupational diseases

  • List of reportable diseases
  • List of stress sectors
  • Checklist 18: Self evaluating checklist on report to Chief Inspector regarding occupational diseases

Section 37: Acts or omissions

Section 38: Offences and penalties

Section 39: Proof of certain facts

I3         20 sets of OHS Regulations
I4         Legal Appointment Letters
I5         Sec 37(2) Contractors Agreement
I6         H&S Policy
I7         PPE Policy
I8         H&S Rep Checklist
I9         Basic Risk Assessment
I10       Incident/ Accident Investigation Guide (Guide - 22 pages)

Chapter 1

a) Type of workplace incidents

b) Who should conduct the investigations?

c) Prescribed time frame for formal investigation

d) Reporting of Occupational Injuries and Diseases

e) Correct reporting procedures

f) Proper recording of incidents

g) The six key questions

  • Who?
  • What?
  • When?
  • Where?
  • Why?
  • How?

Chapter 2: Incident Investigation Process

Step1: Investigate the incident

  • Initial response
  • Collecting the facts
  • Physical evidence
  • Eyewitness Accounts
  • Conducting the interview
  • Developing the narrative (sequence of events)

Step2: Indentify the causes of the incident

  • Factors that may contribute to incidents
  • Determining Causes

Step3: Report the findings

  • Analyze the facts
  • Write the report

Step4: Take corrective action

  • Identify corrective actions
  • Corrective actions
  • Information obtained

Step 5: Implementation

  • Implementation of the recommendations

Step 6: Evaluate effectiveness

  • Follow up of corrective measures
 
I11       General OHS Checklists          
I12       Symbolic Signs
I13       Safety Plan Construction
I14       Certificate of disposal  
I15       Basic Safety Rules for the Workplace
I16       Basic Guides DoL 

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J - DRAFT POLICIES

 J1        Draft Policies, procedures and contracts of employment 

  • Absenteeism or Attendance Policy
  • Alcohol or Drug Abuse Policy
  • Fixed term contract of employment
  • HIV & AIDS Policy
  • Insubordination Policy
  • Maternity & Family Responsibility Leave Policy
  • Overtime and the Earnings Threshold
  • Permanent Contract of Employment
  • Overtime Working & Payment
  • Poor Work Performance Procedure
  • Sick leave Policy
  • Smoking Policy
  • Unfair Labour Practice Policy

J2        Examples 

  • Verbal Warning, written warning, final written warning
  • Notice to attend a disciplinary hearing
  • Letter of suspension as alternative to dismissal
  • Letter of suspension pending investigation
  • Easy Employment Equity Plan
  • Section 189(3) Invitation Letter - Retrenchment
  • Retrenchment Final Letter
  • Charges in a formal disciplinary hearing

The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual

Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.

 
K - ACTS & REGULATIONS
 
 K1        Basic Conditions of Employment Act (Act 75 of 1997)
K2     Compensation for Occupational Injuries & Diseases Act (Act 130 of 1993)
K3        Employment Equity Act (Act 55 of 1998)
K4        Labour Relations Act (Act 66 of 1995)
K5        National Credit Act (Act 34 of 2005)
K6        Occupational Health & Safety Act (Act 85 of 1993)
K7        Skills Development Act (97 of 1998 Act)
K8        Skills Development Levies Act (Act of 1999)
K9        Unemployment Insurance fund Act (2001)
K10      Unemployment Insurance Contributions Act (Act 4 of 2002)
K11      Tobacco Products Control Act (Act 83 of 1993
K12      Tobacco Products Control Amendment Act (Act 63 of 2008
K13      Employment Equity General Regulation 32393 of 14 July 2009
K14      Protected Disclosures Act (Act 26 of 2006)
K15      Summary of Protected Disclosures Act (Act 26 of 2006) 
 

The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual

Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.

L - CODES OF GOOD PRACTICE

L1        Code - Key aspects on HIV/AIDS & employment
L2        Code - Integration of Employment Equity into Human Resources Policies & Practices
L3        Code - Arrangement of Working Time
L4        Code - Employment Equity Plans
L5        Code - Key aspects on the employment of People with Disabilities
L6        Code - Guidelines on Disabilities
L7        Code - Integration of Employment Equity into HR Policies
L8        Code – Pregnancy
L9        Amendment code of good practice on the handling of sexual harassment in the workplace.
L10       Code - Picketing
L11       Code - Who is an Employee
L12       Code - Dismissal
L13       Code - Preparation, Implementation and Monitoring of Employment Equity Plans
L14       Code - Dismissals based on operational requirements 
 

The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual

Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.

 
M - CCMA REFERRAL FORMS 
 
M1       Condonation Application Form
M2       Rescission Application Form
M3       LRA 3.12: Referring public service jurisdictional disputes for conciliation
M4       LRA 3.13: Referring public service jurisdictional disputes for arbitration
M5       LRA 3.23: Application about demarcation dispute
M6       LRA 4.1: Request to establish picketing rules
M7       LRA 4.2: Referring disputes for determination as an essential service
M8       LRA 4.3: Employer applies for maintenance service determination
M9       LRA 4.6: Subpoena by essential services committee
M10      LRA 4.7: Bargaining council request for essential service investigation
M11      LRA 4.8: Request for ratification of collective agreement providing for maintenance of minimum services
M12      LRA 5.1: Representative trade union applies to establish a workplace forum
M13      LRA 5.2: Representative trade unions applies to establish a trade - union based workplace forum
M14      LRA 7.1: Council applies for accreditation
M15      LRA 7.2: Private Agency applies for accreditation
M16      LRA 7.5: Council of private agency applies to amend accreditation
M17      LRA 7.6: Council applies to renew accreditation
M18      LRA 7.7: Private agency applies to renew accreditation
M19      LRA 7.9: Private Agency applies for subsidy
M20      LRA 7.8: Council applies for subsidy
M21      LRA 7.10: Council or private agency applies for renewal of subsidy
M22      LRA 7.11: Referring a dispute to the CCMA for conciliation (including con-arb)
M23      LRA 7.12: Certificate of outcome of dispute referred to conciliation
M24      LRA 7.13: Request for arbitration
M25      LRA 7.14: Notice of objection to arbitration by same commissioner
M26      LRA 7.15: Application to appoint senior commissioner to arbitrate
M27      LRA 7.16: Subpoena
M28      LRA 7.18: Application to certify CCMA award and writ of execution
M29      LRA 7.17: Request for taxation
M30      LRA 7.18A: Application to certify council award and writ of execution
M31      LRA 7.19: Request for pre-dismissal arbitration
M32      LRA 7.20: Request for section 189A operational requirements
M33      LRA 7.21: Request for advisory award on whether a person is an employee 
 

The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual

Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.

N - CCMA INFORMATIONAL SHEETS

N1        CCMA Fees and Costs
N2        Collective Agreement
N3        Compensation Commissioner
N4        Con-Arb
N5        Conciliation
N6        Constructive Dismissal
N7        Desertion
N8        Disciplinary Procedures
N9        Discrimination
N10      Drunkeness on Duty
N11      Employment Equity
N12      Essential Service Designations
N13      Employee v Independent Contractor
N14      Essential Services
N15      Harrasment
N16      Ill Health or Injury
N17      Insolvency and Transfers
N18      Late referrals
N19      Leave
N20      Ministerial Determination
N21      Misconduct
N22      Pensions Fund Adjudicator
N23      Poor Work Performance
N24      Polygraph Testing
N25      Pre-dismissal Arbitration
N26      Probation
N27      Promotion to Access to Information Act
N28      Rescission and Review
N29      Retrenchment
N30      Sectoral Determinations
N31      Skills Development
N32      Termination of Employment
N33      Transfer of contracts
N34      Unfair Dismissals and Unfair Labour Practices
N35      Unilateral Changes
N36      What is Arbitration
N37      Working Times
N38      Workplace Forums
N39      Written Particulars of Employment 

O - SECTORAL DETERMINATIONS 

O1        Sectoral Determination 1: Contract Cleaning Sector
02        Sectoral Determination 6: Private Security Sector
03        Sectoral Determination 7: Domestic Workers
04        Sectoral Determination: 9: Wholesale and retail sector
05        Sectoral Determination 8: Farm Workers
06        Sectoral Determination 14: Hospitality Sector 

 

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The Legislation, Regulations, Sectoral Determinations, CCMA Referral forms, CCMA Information sheets and Codes of Good Practice are free of charge for information purposes for clients that purchase the 2010 Labour Manual

Please note that SA Labour Guide does not sell or distribute any information and/or documents from the Commission for Conciliation, Mediation and Arbitration (CCMA) and/or the Department of Labour.

 

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