Labour Law and Employment Manual for 2011

2012: Labour Law and Employment Manual - Now Available

Only available until: 28 February 2011 (Last opportunity to place your order)

• 
  The manual will only be available until 28 February 2011 
• The manual is only available in CD format.
• Price: R 1990-00 incl. Vat and postage
  

We have received literally hundreds of enquiries asking whether or not we are producing a Labour Law, Employment and Health and Safety Manual for 2011.

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 2011.

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:

• Human Resources and daily challenges
• Basic Conditions of Employment: A Practical Explanation
• Managing Discipline in the workplace
• Managing Poor Performance
• CCMA
• Trade Unions
• Employment Equity
• Retrenchments
• Transfer of Businesses
• Aarto and your Business
• Articles and overviews
• 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

Please Note:

• The manual will only be available until 28 February 2011
• The manual is only available in CD format.
• Price: R 1990-00 incl. Vat and postage

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• Price: R 1990-00 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
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TABLE OF CONTENTS

A – MANAGING YOUR HUMAN RESOURCES AND COMMON WORKPLACE CHALLENGES

D1 Managing your Human Resources and Common workplace challenges

(Guide – 260 Pages)

1. How to deal with Insubordination

• What is insubordination?
• How do we deal with insubordination?
• Shop Stewards and insubordination
• Insubordination vs. Misconduct

2. 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

3. How to deal with absenteeism

• Duty to render service
• Common law
• Modern law

1. Absenteeism
2. Abscondment
3. Desertion

• Absence from overtime work
• Involuntary absence
• Deliberate and wilful absenteeism

4. Absenteeism – at what cost?

• Uncontrolled absence
• Warning signs
• Record-keeping and reviews
• The employer's attendance or absenteeism policy
• Salaries – cost to company

5. Medical certificates – What constitutes a 'valid' medical certificate?

• The BCEA and medical certificates
• Traditional Healer Certificates
• Clinic Certificates
• Medical and Dental Professions Board Rules – Medical Certificates

6. Medical certificates- Validity of a medical certificate as evidence
7. The importance of having properly trained chairpersons and chairing disciplinary in a fair and consistent manner
8. The minimum requirements for a fair disciplinary hearing
9. The importance of investigating allegations of misconduct in the workplace – or outside the workplace
10. Job Descriptions & Extra duties
    
11. Disciplinary sanctions – Warnings

• Validity of warnings & accumulative final written warnings
• Consistency in applying progressive discipline
• Frequently Asked Questions – Warnings 

12. Theft – the requirements for dismissal
13. Can an employer dismiss for derivative or team misconduct?
14. Hearsay evidence - when it is difficult to prove guilt
15. Guideline for employers on polygraph testing
16. Polygraph testing in the entrapment environent
17. Entrapment
18. Constructive Dismissals
19. Constructive Dismissals in 2010
20. Smoking and constructive dismissal
     
21. The law on resignation or dismissal

• The Labour court confirmed the common law on resignation from employment:
• Termination on notice not in compliance with contractual notice period
• The application of sections 37 and 38 of the BCEA 

22. How to deal with union misconduct
23. The right of managers to belong to a Union
     
24. Double Jeopardy

• What is double jeopardy?
• Can we have a second hearing?
• Can the employer appeal against a sanction?
• Is it double jeopardy

25. Probation
26. Promotions

• Promotions
• Acting in a position and expectations 

27. Internet and Email Interception

• The right to privacy and the interception of employees' e-mail

28. Video & Audio Surveillance
     
29. Disclosure of Information at Interviews

• Disclosure of information
• Verification of your applicant's personal information

30. Employee & Employer Rights

• General Employee Rights
• Employee Rights – Basic Conditions of Employment Act
• Employer's Rights

31. The Right of Expectation
32. Unfair labour practices

• Definition 
• Unfair discrimination: equal pay for equal work 

33. Specific forms of unfair labour practice

• Promotion
• Demotion
• Probation
• Provision of benefits
• Parity principle
• Historical inconsistency
• Contemporaneous inconsistency

34. Consistency
    
35. Procedural fairness in misconduct cases

• Investigation of the offense
• Audi alteram partem – hear the other side
• Disciplinary codes
• Sufficient time to prepare
• Be present at the hearing
• Representation
• The presiding officer
• The decision
• Appeal – may the sanction be increased?
• Consequences of procedural unfairness

36. Unilateral changes to terms and conditions of employment
     
37. Guideline on holding suspensions and discussion

• Suspension pending disciplinary hearings and Suspension as a penalty during disciplinary hearings

38. The requirements for a fair disciplinary hearing
     
39. The test for dismissal – breach of the trust relationship
     
40. Break of the trust relationship as requirement for dismissal
     
41. Interesting decisions –Imprisoned employees, sexual harassment and aggravating factors 
42. Employment equity and the rights of disabled employees
43. Employment Equity – the duty to report
44. Unfair discrimination against transsexuals
45. Unfair discrimination – pregnancy
46. Unjustified exclusion means unfair discrimination
47. Grievance Procedure
48. Re-locating the business: What about the employees
49. Retrenching employees that cannot relocate and severance pay?
50. Retrenchment of single employees – The LAC has spoken
51. How to avoid retrenchments
    
52. The payment of bonuses

• The 13th cheque or Christmas bonus
• The performance bonus 
• The production bonus

53. Company dress codes
54. Office gossip can land you in the compost heap
55. Alcoholism and the workplace

56. Leave: A Comprehensive Guide

• Annual leave

1. • 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?
   • Payment of annual leave on termination of service 

• Sick leave

• Sick leave entitlement
• Proof of incapacity
• Medical certificates
• Injury on duty and sick leave

Maternity leave

1. • Maternity leave entitlement
   • Accrual of leave during maternity leave

 Family responsibility leave

• Unpaid leave
• Study leave

57. Proof of Incapacity
58. The payment of annual leave on termination of service
59. Religious Holidays
60. Resignation before Disciplinary action
     
61. Resignations

• What is a resignation
• The SMS Resignation
• Work during notice period
• When may notice be given?
• 24 Hour Notices
• What is a calendar notice?
• Too much notice

62. Public holidays – useful information
63. Public holidays – Two holidays or one?
64. Public holidays that falls on Sundays

65. Hours of work and overtime

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

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

• Employees earning over the threshold amount

67. Unemployment Insurance Fund (UIF) – A comprehensive guide 
68. The employment contract: Explanatory notes 
69. Employment status and contracts of employment

• Definition: Contract of employment
• Definition: Letting and hiring of piece work
• Definition: Employee
• Employee or independent contractor

1. Dominant impression test
2. Code of Good Practice: Who is an employee?
3. LRA: presumption as to who is an employee

• The contract of employment

1. General requirements
2. Formalities

• Duties of the parties

1. Duties of the employer
2. Duties of the employee

• Breach of the employment contract

1. Forms of breach
2. Remedies of the employer
3. Remedies of the employee

• Termination of the employment contract

1. By notice
2. By effluxion of time
3. By agreement
4. By the death of the parties
5. By the insolvency of the parties
6. By the illness of the employee
7. By impossibility of performance
8. By cancellation
9. Redundancy of a post
10. By completing a specific task

• Duration of the contract of employment

1. Fixed period
2. Maximum duration
3. Indefinite

70. Termination of fixed term contracts
71. Some pointers on fixed term agreements
72. The jurisdiction of the CCMA and illegal employment contracts
73. Smoking in the workplace– Including the smoke of the "ecigarette".
74. Frequently asked questions and answers: The Basic Conditions of Employment Act.

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

Chapter 1: Definitions, Purpose and Application of This Act

Chapter 2: Regulation of Working Time

Chapter 3: Leave

Chapter 4: Particulars of Employment and Remuneration

Chapter 5: Termination of Employment

Chapter 6: Prohibition of Employment of Children and Forced Labour

Chapter 7: Variation of Basic Conditions of Employment

Chapter 8: Sectoral Determinations

Chapter 9: Employment Conditions Commission

Chapter 10: Monitoring, Enforcement and Legal Proceedings

Chapter 11: General

C - MANAGING DISCIPLINE IN THE WORKPLACE

Managing Discipline in the Workplace Guide (Guide - 130 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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D - MANAGING POOR PERFORMANCE

Managing Poor PerformanceProcedures (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

E – CCMA: CONDUCTING A CASE AT THE CCMA/ BARGAINING COUNCIL

Conducting a Case at the CCMA/ Bargaining Council (Guide– 130 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 – MANAGING CONFLICT AND UNION RELATIONS IN THE WORKPLACE

Managing conflict and union relations in the workplace (Guide - 48 pages)

MANAGING CONFLICT AND UNION RELATIONS IN THE WORKPLACE (48 Pages)

Chapter 1: Introduction

• Progression of Rights
• The Constitution and freedom of Association
• Employees and Job seekers

Chapter2: Freedom of Association

• The Protection of Freedom of Association
• Disputes

Chapter3 – Defining a Trade Union

• Purpose of a Trade Union
• Role Players in a Trade Union
• Registration, de-registration and the Constitution of Unions.
• Legal Status, Liability and Responsibilities of Unions
• ffect of Registration of a Union
• Registration and de-registration of Unions

Chapter4 – Representativeness

• The Rights of Trade Unions.
• How do you know that your employees are unionised?
• Can I prevent any employee from becoming a member?
• Keeping the Union out of the Company.
• The Rights of the Employees.
• The Rights that the Union is entitled to by Law.
• Defining the "Representative" Trade Union.
• The Principle of Majoritarianism v Plurality
• Section 12 – Access to the Work place
• Deduction of Subscriptions or Levies – Section 13
• The Majority Trade Union
• Disclosure of Information

Chapter 5 – Union Representatives or Shop Stewards

• Time off for Shop Stewards and Office Bearers
• Reasonable paid time off work.
• Meet with the newly elected Shop Steward.

Module 6 - Organisational Rights and Recognition

• Right to establish a threshold
• Collective Bargaining and Collective Agreements

1. The process of collective bargaining
2. Difference between Negotiation and Consultation
3. Destructive collective bargaining behaviour 

• What is a collective agreement?

1. Legal effect of a Collective Agreement 

• Duty to Bargain
• Disputes about Organisational Rights
• Disputes about Collective Agreements
• Typical objectives of Trade Unions.

 The first meeting with the union 

• Proof of membership

1. Step-by-step preparation for the 1st meeting with the Union.

• The Recognition Agreement.
• What are the Unions Expectations?
• What Information do you give the Union about the Company?
• Access of Union Officials to Company Premises.
• Relationship between Management and the Trade Union.
• Feedback to Employees.
• The Negotiation Process
• The planning process
• The preparation process
• During the negotiations
• Information sharing
• Exploring alternatives and options
• Implementation
• Agreement
• Evaluate and feedback on alternatives and options

Chapter7 - Agency and Closed Shop Agreements

• Agency Shop Agreements
• Closed Shop Agreements

Chapter8 – Strike Action

• Protected and unprotected strike action

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G- EMPLOYMENT EQUITY

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

H- RETRENCEMENTS

Retrenchment Guide (Guide - 60 pages)

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

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

I - TRANSFER OF A BUSINESS AS A GOING CONCERN SECTION 197

Chapter 1– Introduction

Chapter 2 – When is it a transfer?

Chapter 3 – What is transferred?

Chapter 4 – The section 197(6) agreement

Chapter 5 – What can the negotiating parties agree on, in terms of section 197(6)?

Chapter 6 – If there is no section 197(6) agreement?

Chapter 7 – Obligations of the old and new employer

Chapter 8 – Liability

Chapter 9 – Automatic unfair dismissal and transfer of business. 

J – AARTO AND THE IMPACT ON YOUR BUSINESS

(The Administrative Adjudication of Road Traffic Offences)

Chapter 1 – WHAT IS AARTO?

chapter 2 - HOW DOES IT WORK?

The infringement notice

• The golden 32 days
• How to nominate the driver
• How to pay the discounted fine
• How to "appeal" against an infringement order
• How to elect to be tried in court

The courtesey letter

The enforcement order 

Warrant of execution

FEES

Chapter 3 – Demerit points

• How many demerit points before licence is suspended

Operators

Demerit points – exclusions

• What happens if licence is suspended
• What happens if licence is cancelled
• How to get licence back

TRAFIC CHARGES (FINES and demerit points)

Chapter 4 – AARTO AND YOUR BUSINESS

1. AARTO AND YOUR EMPLOYEES
2. RECORD KEEPING
3. VERIFICATION OF DEMERIT POINTS FOR YOUR DRIVERS
4. OU POLICIES (SAMPLE POLICY)

• How to implement new policies
• Disciplinary measures against the employee
• How to deal with incapacity (licences suspended)

K– ARTICLES AND OVERVIEWS

Articles and overviews (230 pages)

1. New proposed Amendments to Labour Legislation - Temporary Employees
2. The Importance of your disciplinary Code, policies and procedures
3. False job credentials a frequent reality
4. When does a job applicant become an employee?
5. Withdrawal of job offers
6. Misuse of probation may prove costly
7. Employee benefits sacrosanct (untouchable)
8. Ulterior motives for retrenchments not on
9. Be careful when assessing who to retrench

10. What is poor work performance?

11. Dealing with employee grievances

12. What factors constitute constructive dismissal?

13. Dealing with insubordination

14. Proof of illness a vexed issue

15. Informal employment does not protect employers

16. Employers must jack up retirement policies

17. Beware victimising workplace grievants

18. Abscondment and some other sins

19. Are you responsible for your employee late-coming?

20. What to do when your employee goes Awol

21. Treat workplace disruptions with care

22. Unfair Labour practices costly for employers

23. What is unfair?

24. Employers have close shave with religious discrimination

25. A hundred thousand reasons to accept sex changes

26. Automatic termination clauses might not be legal

27. Does the employee have the right to promotion

28. Promotion – don't promise what you cannot deliver

29. Unfair demotion will be punished by CCMA

30. Suspensions friend or foe?

31. Suspensions from duty can turn into a minefield

32. Allegations of unfair discrimination against pregnant employees persist

33. Sexual Harassment versus Gender Discrimination

34. Take sexual harassment allegations seriously

35. Criminal law and labour law are not the same

36. Writs of execution

37. Knowledge today keeps the CCMA away

38. Employers beware, acting on impulse can be costly

39. Use case law to update your workplace rules & employment conditions

40. Workplace fraud can cost millions

41. The dangers of default awards: if you snooze you loose

42. What is a Labour Law Remedy?

43. Be aware of Codes of Good Practice

44. Preparation for disciplinary hearing essential

45. Written records essential in disciplinary cases

46. External experts can chair disciplinary hearings

47. When should external counsel be permitted?

48. When you could be courting disaster.

49. Tackling grey areas of fair and unfair discipline

50. Employers victimised by confusing legal terms

51. Bring proof before you dismiss

52. Look after your pregnant employees

53. Training in labour law is a must

54. Labour law terms every employer should know

55. Ignorance of the law is no excuse

56. Misconduct outside work tricky to deal with

57. Your company should know the law by now...

58. You can't expect justice if you are not there

59. When the affair is over, make the reasons clear

60. Vital for employers to keep track of the law

61. Trade union representatives/shop stewards

62. Tougher action can be taken after a warning

63. The delicate problem of disruptive workers

64. The dangers lurking in employment agreements

65. Taking bribes a crime against the employer

66. Staying well within the letter of the law

67. Do your year end office parties 'get out of hand'

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L– MANAGING OCCUPATIONAL INJURIES & DISEASES

• Compensation for Occupational Injuries & Diseases Act
• 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

Chapter5: 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

• Prescribed Schedules (Schedule 2, 3 and 4)
• Documentation - Occupational Diseases
• Documentation - Injuries on Duty
• Industry Classifications
• Was 178T Standard Rates for Earnings 2010
• Documentation - Request for Reopening a Claim
• Return of Earnings - Guidelines and Forms
• W.As.2 - Registration of Employers
• Guidelines - Vehicle accidents
• Circular Instructions
• Basic Guides DoL
• Documentation - Death of an Employee
• Documentation - Medical Accounts
• Instruction Regarding Aggravated Asthma
• Regulation HIV Instruction
• Documentation – NIHL
• WRULDS
• Dermatological Report
• Documentation – PTSA
• Other Forms
• Details - Compensation Commissioner
• FEM Claim Forms and Documentation
• RMA Claim Forms and Documentation

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M- MANAGING HEALTH & SAFETY

Occupational Health and Safety Act

Updated OHS Act Regulations (21 Sets of regulations as well as new draft policies)

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

Summary of Updated OHSA Regulations (10 Pages)

General Elements of a Health & Safety Management System (Guide - 6 pages)

Hazard Identification & Risk Assessment (Guide 1 – 6 pages/ Guide 2 – 47 pages)

Guide 1 - 5 Step Risk Assessment Guide (For Basic Risk Assessments)

• What is a hazard?
• Using ''the five step risk assessment method''
• Step 1: Identify the hazards
• Step 2: Decide who might be harmed and how
• Step 3: Evaluate the risks and decide on precautions
• Step 4: Record your findings and implement them
• Step 5: Review your assessment and update if necessary
• Risk Ranking Matrix

 Guide 2 - HIRA Guide

Chapter 1: Introduction

Chapter 2: Legal requirements in South Africa

• Legal requirement stipulated by the OHS Act
• Legal requirement stipulated by the MHS Act

Chapter 3: SIMRAC practical guide to risk assessment

Chapter 4: Important definitions of the OHS Act and MHS Act

Chapter 5: Other relevant terminology

Chapter 6: The difference between risk identification and risk assessment

Chapter 7: Reasons for risk assessments

Chapter 8: What is meant by the term ''risk assessment''

Chapter 9: What is a hazard?

Chapter 10: Sources of Hazards

• Hazards may arise from
• Examples of work related hazards and risks

Chapter 11: Criteria for risk assessment

• Terms ''suitable and sufficient''
• Suitable and sufficient risk assessment

Chapter 12: Risk management and HIRA

Chapter 13: Different types of risk assessments

• Baseline risk assessments (Baseline HIRA)
• Issues based risk assessment (Issue based HIRA)
• Continuous risk assessment (Continues HIRA)

Chapter 14: HIRA process and management

• Flow chart - risk assessment and management

Chapter 15: Planning for risk assessment

• The following aspects or guidelines should be followed during the planning phase

Chapter 16: Aspects or guidelines that should be followed during the planning phase of the risk assessment

Chapter 17: Identifying and appoint of competent assessors

• Who should perform risk assessments?
• Safety professionals
• Team approach

Chapter 18: HIRA methodology

• Step 1: Initiating the HIRA and selecting the approach
• Step 2: Identify the hazards
• Step 3: Identify all parties affected by the hazard and determine how they can be affected
• Step 4: Evaluate or assess the risk 

Chapter 19: Identify and evaluate existing risk controls

Chapter 20: Identify appropriate control measures

Chapter 21: Record keeping

Chapter 22: Review and update

Chapter 23: Conclusion

1. 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)

Step 2: Indentify the causes of the incident

• Factors that may contribute to incidents
• Determining Causes

Step 3: Report the findings

• Analyze the facts

• Write the report

Step 4: 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

Safety Awareness Training Guide (Guide - 41 pages)

Chapter 1: Introduction

• Health and safety at work
• The importance of complying with legislation
• Purpose of the OHS Act
• Reasons for applying health and safety at work

Chapter 2: Overview of the Occupational Health and Safety Act

• The aim and title of the OHS Act
• Sections of the Act
• Regulations of the OHS Act
• Important definitions of the OHS Act

Chapter 3: Legal duties of the different role players involved in health and safety

• Persons involved in health and safety
• Requirements applicable to the employer
• Requirements applicable to workers
• Requirements applicable to other contractors
• Unlawful actions or failing to follow prescriptions on the side of the worker

Chapter 4: Health and Safety Representatives and Committees

• Health and Safety Representatives
• Health and Safety Committees

Chapter 5: Health and Safety Legislation

• Health and safety policy
• Copy of the Act
• Reporting of incidents
• Reporting of Occupational Diseases
• Investigation of Incidents
• Certain deductions forbidden
• Duty not to interfere with, damage or misuse things
• Offences and Penalties

Chapter 6: General Safety Issues

• Teamwork
• Safety rules and procedures
• Housekeeping
• Intoxication
• Workplace hazards
• Ventilation
• Provision of adequate light
• Noise
• Hazardous Chemical Substances
• Workplace inspections and the reporting of deviations

Chapter 7: Personal Protective Equipment and Symbolic Safety Signs

• Personal Protective Equipment
• Symbolic safety signs

Chapter 8: Emergency Procedures

• Necessity of emergency preparedness
• Evacuation plans
• Evacuation procedures for building occupants
• What to do in the case of fire
• On hearing the alarm
• Disabled persons and evacuation
• First aid procedures
• Site specific emergency plan

Evacuation Guide for Workplaces (Guide - 30 pages)

Chapter 1: Introduction

• Legal obligation of management
• Planning and preparing for emergency situations and disaster management
• Causes of Emergency Situations
• Necessity of emergency preparedness

Chapter 2: Significant Term and Definitions and Types of Emergencies

• Significant terms and definitions
• Types of emergencies

Chapter 3: Managing an Emergency and Emergency Action Principles

• Emergency action principles (EAP)
• Managing an emergency

Chapter4: Emergency Preparedness Plan

• Emergency Preparedness Plan
• Generic Emergency Evacuation Plan

Chapter 5: Response

• Evacuation procedures for building occupants
• What to do in the case of fire
• What to do if you discover a fire
• On hearing the alarm
• Disabled occupants and evacuation

Chapter 6: Duties of Interested and Effected Parties

• Establishing lines of command and control
• Emergency Controller
• Chief Evacuation Officer
• Evacuation Officer
• Chief First Aid Officer
• First Aiders
• Chief Fire Fighting Officer

Chapter 7: Important Do's and Don'ts during evacuations

• Explaining the important do's and don'ts relating to fire during evacuations
• Explaining the important do's and don'ts of relating to bombs during evacuations

Legal Appointment (29 Appointment Letters)

H&S Policy

PPE Policy

Sec 37(2) Contractors Agreement

H&S Rep Checklist

General OHS Checklists (17 Checklists)

Safety Plan Construction

• Purpose
• Project Description
• Project Duration
• References and Guidelines
• Health & Safety Policy
• Mission Statement
• Project Objectives
• Objective
• Targets
• Restrictions
• Responsibilities
• Site Manager
• Communications
• Progress Meetings
• Toolbox Talks
• Publicity
• Site Rules
• Site Access
• Training
• Personal Protective Equipment
• Housekeeping
• First Aid
• Fire Prevention
• Monitoring Safety
• Incident and Accident Reporting
• Incident Investigation and Reporting
• Registers
• Health and Safety File

Job Observations (Explanation & tool)

Toolbox Talks (Explanation & tool)

Popular Health & Safety Topics (32 Topics)

Basic Guides DoL (7 Guides)

Certificate of Disposal

Symbolic Signs

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N - DRAFT POLICIES

Draft Policies, procedures and contracts of employment

• Absenteeism or Attendance Policy
• Consumption of alcohol or substances having a narcotic producing effect
• Disciplinary Code
• Dress Codes
• Electronic Communications and Information Security Policy
• Fixed term contract of employment
• Grievance Procedure
• HIV & AIDS Policy
• Insubordination Policy
• Maternity & Family Responsibility Leave Policy
• Overtime and the Earnings Threshold
• Permanent Contract of Employment
• Poor Work Performance Procedure
• Recruitment Policy
• Sexual Harassment Policy
• Sick leave Policy
• Smoking Policy
• TB in the Workplace
• Unfair Labour Practice Policy

 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
• Suspension Letter
• Performance assessment and evaluation form
• Assessment for incompatibility
• Easy Employment Equity Plan
• Section 189(3) Invitation Letter - Retrenchment
• Retrenchment Final Letter
• Charges in a formal disciplinary hearing
• Specific types and examples of misconduct
• Definitions

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.

O – LEGISLATION AND REGULATIONS

• Basic Conditions of Employment Act (Act 75 of 1997)
• Compensation for Occupational Injuries & Diseases Act (Act 130 of 1993)
• Employment Equity Act (Act 55 of 1998)
• Labour Relations Act (Act 66 of 1995)
• National Credit Act (Act 34 of 2005)
• Occupational Health & Safety Act (Act 85 of 1993)
• Skills Development Act (97 of 1998 Act)
• Skills Development Levies Act (Act of 1999)
• Unemployment Insurance fund Act (2001)
• Unemployment Insurance Contributions Act (Act 4 of 2002)
• Tobacco Products Control Act (Act 83 of 1993
• Tobacco Products Control Amendment Act (Act 63 of 2008
• Employment Equity General Regulation 32393 of 14 July 2009
• Protected Disclosures Act (Act 26 of 2006)
• Summary of Protected Disclosures Act (Act 26 of 2006)

P - Recently Proposed Amendments Bills

• Labour Relations Amendment Bill, 2010
• Basic Conditions of Employment Amendment Bill, 2010
• Employment Equity Amendment Bill, 2010

• Employment Services Bill, 2010 

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 2011 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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Q - CODES OF GOOD PRACTICE

• Code - Key aspects on HIV/AIDS & employment

• Code - Integration of Employment Equity into Human Resources Policies & Practices

• Code - Arrangement of Working Time

• Code - Employment Equity Plans

• Code - Key aspects on the employment of People with Disabilities

• Code - Guidelines on Disabilities

• Code - Integration of Employment Equity into HR Policies

• Code – Pregnancy

• Amendment code of good practice on the handling of sexual harassment in the workplace.

• Code - Picketing

• Code - Who is an Employee

• Code - Dismissal

• Code - Preparation, Implementation and Monitoring of Employment Equity Plans

• 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 2011 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.

R - CCMA REFERRAL FORMS

• Condonation Application Form

• Rescission Application Form

• LRA 3.12: Referring public service jurisdictional disputes for conciliation

• LRA 3.13: Referring public service jurisdictional disputes for arbitration

• LRA 3.23: Application about demarcation dispute

• LRA 4.1: Request to establish picketing rules

• LRA 4.2: Referring disputes for determination as an essential service

• LRA 4.3: Employer applies for maintenance service determination

• LRA 4.6: Subpoena by essential services committee

• LRA 4.7: Bargaining council request for essential service investigation

• LRA 4.8: Request for ratification of collective agreement providing for maintenance of minimum services

• LRA 5.1: Representative trade union applies to establish a workplace forum

• LRA 5.2: Representative trade unions applies to establish a trade - union based workplace forum

• LRA 7.1: Council applies for accreditation

• LRA 7.2: Private Agency applies for accreditation

• LRA 7.5: Council of private agency applies to amend accreditation

• LRA 7.6: Council applies to renew accreditation

• LRA 7.7: Private agency applies to renew accreditation

• LRA 7.9: Private Agency applies for subsidy

• LRA 7.8: Council applies for subsidy

• LRA 7.10: Council or private agency applies for renewal of subsidy

• LRA 7.11: Referring a dispute to the CCMA for conciliation (including con-arb)

• LRA 7.12: Certificate of outcome of dispute referred to conciliation

• LRA 7.13: Request for arbitration

• LRA 7.14: Notice of objection to arbitration by same commissioner

• LRA 7.15: Application to appoint senior commissioner to arbitrate

• LRA 7.16: Subpoena

• LRA 7.18: Application to certify CCMA award and writ of execution

• LRA 7.17: Request for taxation

• LRA 7.18A: Application to certify council award and writ of execution

• LRA 7.19: Request for pre-dismissal arbitration

• LRA 7.20: Request for section 189A operational requirements

• 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 2011 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.

S - CCMA INFORMATIONAL SHEETS

• CCMA Fees and Costs

• Collective Agreement

• Compensation Commissioner

• Con-Arb

• Conciliation

• Constructive Dismissal

• Desertion

• Disciplinary Procedures

• Discrimination

• Drunkeness on Duty

• Employment Equity

• Essential Service Designations

• Employee v Independent Contractor

• Essential Services

• Harrasment

• Ill Health or Injury

• Insolvency and Transfers

• Late referrals

• Leave

• Ministerial Determination

• Misconduct

• Pensions Fund Adjudicator

• Poor Work Performance

• Polygraph Testing

• Pre-dismissal Arbitration

• Probation

• Promotion to Access to Information Act

• Rescission and Review

• Retrenchment

• Sectoral Determinations

• Skills Development

• Termination of Employment

• Transfer of contracts

• Unfair Dismissals and Unfair Labour Practices

• Unilateral Changes

• What is Arbitration

• Working Times

• Workplace Forums

• Written Particulars of Employment

T - SECTORAL DETERMINATIONS

• Sectoral Determination 1: Contract Cleaning Sector

• Sectoral Determination 6: Private Security Sector

• Sectoral Determination 7: Domestic Workers

• Sectoral Determination: 9: Wholesale and retail sector

• Sectoral Determination 8: Farm Workers

• Sectoral Determination 14: Hospitality Sector

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 2011 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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