2012 Labour Law and Employment Manual

S.A. Labour Guide

2012: Labour Law and Employment Manual

The 2012 edition will once again only be available until the end of February

This offer is only valid until 28 February 2012

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Section 1: Recruitment, Contracts and Basic Conditions of Employment

Section 2: Termination of Services - Grounds for Dismissal and Resignations

2.1 Misconduct – Workplace Discipline (Including Transgressions, Disciplinary Code and Procedures)

2.2 Incapacity and Poor Performance

2.3 Retrenchments/ Operational Requirements

2.4 Resignations

Section 3: CCMA - Conciliations and Arbitrations

Section 4: Trade Unions and Collective Bargaining

Section 5: Employment Equity

Section 6: Policies, Procedures, Forms, Guidelines and Contracts of Employment

Section 7: Acts, Regulations, Codes of Good Practice and Sectoral Determinations

Section 8: CCMA Referral Forms and Information Sheets

Section 9: Occupational Injuries and Diseases (COID)

Section 10: Health and Safety

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Section 1: Recruitment, Contracts and Basic Conditions of Employment

1.1 Recruitment Guide (Guide - 135 pages)

Module 1: The prohibition of discrimination

Introduction
Differentiation / discrimination
Direct and indirect discrimination

Module 2: Recruitment and selection policy and procedure

Module 3: The job profile and job specifications

Job description and design
Inherent requirements
Developing a job description outlining the inherent requirements
Job specification

Module 4: The advertisement

What is an advertisement
Purpose of the advertisement
In what media should you advertise?
Internal or external recruitment and advertising

Module 5: The application form and CV’s

CV or application form?
If you do use application forms:

Module 6: Screening of applicants

Job applications as a screening device
Screening cover letters
Reviewing résumés
Phone screening

Module 7: Selection of candidates

Module 8: The interview

Purpose of the interview
Planning and conducting the interview
Format of the interview
Ensuring a legal interview

Module 9: Short listing

Module 10: Validate information

Module 11: Selection of candidates

Module 12: Medical and psychometric testing

HIV testing
Voluntary testing
Testing for drugs and alcohol
Psychometric testing

Module 13: Feedback

Delivering Feedback
Content of feedback
Summarising your feedback

Module 14: Conditional job offers

Module 15: Codes of Good Practice

Human GN 1358 of 4 August 2005: Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices
GNR.1345 of 2002: Code of Good Practice: Key Aspects on the Employment of People with Disabilities
GN 1367 of 1998: Notice of code of good practice on the handling of sexual harassment cases
GNR.1298 of 1 December 2000: Code of Good Practice: Key aspects of HIV/Aids and employment

Section 1: Recruitment, contracts and Basic Conditions of Employment

1.2 Contracts of Employment Guide

Module 1: Employment status and contracts of employment

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

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

Module 2: The contract of employment

General requirements
Formalities

Module 3: Duties of the parties

Duties of the employer
Duties of the employee

Module 4: Breach of the employment contract

Forms of breach
Remedies of the employer
Remedies of the employee

Module 5: Termination of the employment contract

By notice
By effluxion of time
By agreement
By the death of the parties
By the insolvency of the parties
By the illness of the employee
By impossibility of performance
By cancellation
Redundancy of a post
By completing a specific task

Module 6: Duration of the contract of employment

Fixed period
Maximum duration
Indefinite

Module 7: Termination of fixed term contracts

Module 8: Some pointers on fixed term agreements

Module 9: The jurisdiction of the CCMA and illegal employment contracts

Module 10: Probation

Module 11: Employee & Employer Rights

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

Module 12: The Right of Expectation

Module 13: Unilateral changes to terms and conditions of employment

Section 1: Recruitment, Contracts and Basic Conditions of Employment

Section 1.3: BCEA– The Basic Conditions of Employment Act Guide (Guide - 150 pages)

Section 1.3.1: Regular and Popular Concerns

Section 1.3.2: Basic Conditions of Employment – A Practical Explanation

Section 1.3.3: Regular and Popular Concerns

Module 1: The payment of bonuses

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

Module 2: Hours of work and overtime

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

Module 3: The Earnings Threshold: Discussion Document (Explanatory Notes)

Module 4: Religious Holidays

Module 5: Public holidays – useful information

Module 6: Public holidays – Two holidays or one?

Module 7: Public holidays that falls on Sundays

Module 8: Leave: A Comprehensive Guide

8.1 Annual leave

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

8.2 Sick leave

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

Module 9: Proof of Incapacity

Module 10: 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

Module 11: Maternity leave

Maternity leave entitlement
Accrual of leave during maternity leave

Module 12: Family responsibility leave

Unpaid leave
Study leave

The payment of annual leave on termination of service

Section 1.3.2 Basic Conditions of Employment – A Practical Explanation

Basic Conditions of Employment – A Practical Explanation

Chapter 1: Definitions, purpose and application of the 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 (overview)

Chapter 7: Variation of basic conditions of employment (overview)

Chapter 8: Sectoral determinations (overview)

Chapter 9: Employment Conditions Commission (overview)

Chapter 10: Monitoring, enforcement and legal proceedings (overview)

Chapter 11: General (overview)

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Section 2: Termination of Services: Grounds for Dismissal and Resignations

2.1 Misconduct: (Including transgressions, disciplinary code and procedures) – Including workplace discipline

Module 1.1: How to deal with absenteeism

Abscondment
Desertion
Absence from overtime work
Involuntary absence
Deliberate and willful absenteeism

Module 1.2: Absenteeism – at what cost?

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

Module 2: Misconduct and insubordination

What is insubordination?
The instruction must be capable of performance
The instruction must fall within the ambit of the job.
The instruction must be reasonable under circumstances.
How do we deal with insubordination
Shop Stewards and Insubordination
Key Points

Module 3: Specific types of misconduct

Unauthorised use of the employer's property, unauthorised possession or theft
Assault and abusive behaviour such as using abusive words, swearing or insulting gestures
Conflict of interest - unfairly competing with the employer
Alcohol or drug abuse & drinking on duty
Fraud
Damage to property
Dishonesty
Absenteeism, bad attendance or poor timekeeping
Falsification of records
Improper conduct
Incompatibility
Sexual harassment

Module 4: Offences and the Disciplinary Code

Collective and derivative misconduct
Serious Offences

Module 5: Features of a Disciplinary Procedure for Misconduct

Application of the procedure
Objectives
Terminology
Procedural fairness
When to hold a formal disciplinary hearing.
The Informal disciplinary hearing
Suspension of the Employee
The Disciplinary Hearing
The Participants at the hearing
The commencement of the hearing
Postponements
The Hearing commences
The conclusion of the hearing
Reconvening the hearing
Sanctions available
Verbal warnings
Written warnings
The final written warning
Temporary suspension of employment without pay or demotion with reduction in salary

Module 6: Misconduct - The Rule test

Requirements for proving fairness of a dismissal
The appropriate sanction.
The employer's disciplinary code.
Would a lesser sanction have served the purpose?
Can this employment relationship continue?
The employee's prior disciplinary record.

Module 7: Identify and Investigate the Misconduct

First Step - Establish that the Accused Person is an Employee of the Company
Second Step - The Complaint
Third Step: Determine if the complaint warrants an investigation

Module 8: What Must the Investigator Look For?

Bringing the Employer's Name into Disrepute.
Willful 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 or Alcohol
Unauthorised Possession of Company Property or Theft
Important to Note is That this Case was Overturned by the Supreme Court of Appeal on Different Reasons
Use of Company Vehicle/Property 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/Abscondment
Abuse of Sick Leave
Collective and Derivative Misconduct

Module 9: The Investigation

Module 10: Charging the Employee

Deciding on the Charges
When to Hold a Formal Disciplinary Hearing?
The Informal Disciplinary Hearing
Suspension of the Employee

Module 11: Disciplinary Sanctions – Warnings

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

Module 12: The importance of investigating allegations of misconduct and having properly trained chairpersons

Module 13: The importance of having properly trained chairpersons and chairing disciplinary hearings in a fair and consistent manner

Module 14: Schedule 8: The Code of Good Practice on Dismissal in terms of the Labour Relations Act, 66 of 1995

Module 15: The Role Players in the Disciplinary Process

The Chairperson
The Initiator
The Interpreter
Witnesses
The Secretary
The Accused Employee or the Accused Employee
The Accused The Accused Employee’s Initiator

Module 16: Sources of Evidence

Witnesses
The Accused Employee
Accomplices
Documentary and Physical Evidence
Security Guards
Site Inspections
Customers and Suppliers

Module 17: Witness Statements

How to Take Down Statements
Sworn Statements or Statements taken under Oath
The Form of the Statement
In gathering evidence, remember

Module 18: The Disciplinary Hearing

The Hearing Commences
Procedural Fairness
A Step-by-Step Checklist for Disciplinary Hearings
Postponements
The Opening Statement
Leading and Testing Evidence and Versions
Evidence in Chief
Cross Examination
Re-examination

Module 19: Evaluating Evidence and Making a Finding

Getting the Facts and Proving it
Evidentiary Burden
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
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

Module 20: The Appeal Procedure

Section 2: Termination of Services: Grounds for Dismissal and Resignations

2.2 Managing Poor Performance Procedures

Module 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

Module 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

Module 3: Incapacity due to ill health or injury

Dismissal for Incapacity - ill-health or injury

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

Flowchart
Assessment documentation

Section 2: Termination of Services: Grounds for Dismissal and Resignations

2.3 Retrenchments/ Operational Requirements

Module 1: Introduction

Module 2: The Code of Good Practice on Dismissals based on Operational requirements

Module 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

Module 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

Module 5: Disclosure of information

Module 6: Time frame for consultations

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

Module 8: Re-employment after dismissal

Module 9: Single employee dismissals for operational requirements

Module 10: Additional Information

Retrenchment of single employees – the LAC has spoken
How to avoid retrenchments
The role of the facilitator

Section 2: Termination of Services: Grounds for Dismissal and Resignations

2.4: Resignations

Module 1: Resignations

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

Module 2: 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

Module 3: Resignation before disciplinary action

Module 4: Constructive dismissals – Explanatory Notes

Module 5: Constructive dismissals recent case law

Module 6: Smoking and constructive dismissal

Module 7: The payment of annual leave on termination of service

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Section 3: CCMA– Conciliations and Arbitrations

Module 1- Introduction

Introduction
What is the Commission for Conciliation, Mediation and Arbitration?
The Labour Court and Labour Appeal Court
International Labour instruments
Bargaining Councils - role and functions

Module 2 – The Labour Relations Act – Relevant Sections

Defining the employment relationship
Rights and mutual interest disputes – Jurisdiction
Unfair dismissal and unfair labour practice disputes

Module 3 – 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 section 191(5A) – rule 17
Certificate of outcome - Form 7.12
Requesting arbitration
Arbitration
Pre–dismissal arbitration in terms of section 188A.

Module 4 – CCMA Rules and Forms

Module 5 – Arbitration – Preparation and Presentation

5.1 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

Module 6 - 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

Module 7 – Review – Post Sidumo

Module 8 – Rescissions – Rule 32

Section 4: Trade Unions and Collective Bargaining

Module 1: Introduction

Progression of Rights
The Constitution and Freedom of Association
Employees and Job Seekers

Module 2: Freedom of Association

The Protection of Freedom of Association
Disputes

Module 3: 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
Effect of Registration of a Union
Registration and De-registration of Unions

Module 4: 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
Access to the Work place
Deduction of Subscriptions or Levies – Section 13
The Majority Trade Union
Disclosure of Information

Module 5: Union Representatives or Shop Stewards

The Rights of a Majority Union to Appoint Shop Stewards Are Regulated by Section14
Time off for Shop Stewards and Office Bearers
Reasonable Paid Time off Work

Module 6: Organisational Rights and Recognition

Right to Establish a Threshold
Collective Bargaining and Collective Agreements
What is a collective agreement?
Duty to Bargain
Disputes about Organisational Rights
Disputes about Collective Agreements
Typical objectives of Trade Unions

Module 7: Agency and Closed Shop Agreements

Agency Shop Agreements
Closed Shop Agreements
Usage of Subscriptions
Termination of a Closed Shop

Module 8: Strike Action

Protected and Unprotected Strike Action

Module 9: Strikes and Secondary Strikes

Requirements for Secondary Strike
Requirements for Strike: Must there be a deadlock?
Dismissal of striking employees

Module 10: Collective Bargaining

Collective bargaining
Is there a duty to bargain?
Affect of deregistration of unions

Section 5: Employment Equity

Module 1: Introduction to the Employment Equity Act

Module 2: Prohibition of Unfair Discrimination

Harassment
Fair Discrimination – Two Grounds
Unpacking Fair Discrimination
Medical Testing
Medical And Psychometric Testing
People With Disabilities
Disputes

Module 3 - Affirmative Action

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
Protection Of Employee Rights
State Contracts
Temporary Employment Services
Liability Of Employers
Maximum Permissible Fines

Module 4 – Codes of Good Practice (Explanatory Notes)

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
Code Of Good Practice: Preparation, Implementation And Monitoring Of Employment Equity Plans
Code of Good Practice: On the Handling of Sexual Harassment Cases in the Workplace.
Code Of Good Practice: Key Aspects On Employment Of People With Disabilities

Module 5 – The Employment Equity Forum

Setting Up Of Forums
Functions In Terms Of The Act And Otherwise
Powers And Obligations
Challenges

Section 6: Policies, Procedures, Forms, Guidelines and Contracts of Employment

6.1 Policies, forms and contracts of employment

Electronic Communications and Information Security Policy
Insubordination Policy
Maternity & Family Responsibility Leave Policy
Absenteeism or Attendance Policy
Unfair Labour Practice Policy and examples
Example: Internet and Email Interception policy
Recruitment Policy
Chairperson Checklist
Example: Verbal Warning
Example: Written warning
Example: Final written warning
Example: Notice to attend a disciplinary hearing
Example: Letter of suspension as alternative to dismissal
Example: Letter of suspension pending investigation
Example: Suspension Letter
Example: Performance assessment and evaluation form
Example: Assessment for incompatibility
Example: Easy Employment Equity Plan
Example: Disciplinary Code
Example: Section 189(3) Invitation Letter - Retrenchment
Example: Retrenchment Final Letter
Example: Agenda for first retrenchment discussion
Example: Performance assessment for probation employees
Example: Performance assessment for poor performance
Example: Grievance Procedure
Example: Resignation letter
Example: Suspension letter
Example: Suspension letter as alternative to dismissal
Example: Notice to attend disciplinary hearing
Chairperson’s guide to disciplinary hearing
Chairperson’s checklist in disciplinary hearing
Examples of charges and how to draft charges
Example of employment equity questionnaire
Example of agenda for employment equity meetings
Employment equity information letter to employees
Employment equity processes flow charts
Objection to Con/Arb
Application for rescission
Pre-arbitration agreement-example
Pre-arbitration minutes – example
Fixed term agreements
Severance agreement (settlement)
Example: Collective agreement
Example: Employment appointment of directors
Example: Employment equity plan
Example: Appointment of independent contractor
Example: Permanent Contract of Employment
Example: Fixed Term Contract of Employment

6.2 Guidelines

Alcoholism and the workplace
Alcohol abuse - misconduct or incapacity
Alcohol in the workplace: When does misconduct become incapacity?
Social Media: Guidelines on the policy for employees using social media for non-business purposes
Guidelines on how to effectively deal with grievances in the workplace
Guidelines for employers on polygraph testing
The right to privacy and the interception of employees' e-mail
Video & Audio Surveillance
Suspension pending disciplinary hearings and Suspension as a penalty during disciplinary hearings
Guideline on holding suspensions and discussion
Unemployment Insurance Fund (UIF)
Distinguishing Misconduct from Incapacity
Entrapment
Fixed term contract of employment
Disciplinary Sanctions
The substantive and procedural requirements for a fair disciplinary hearing
Overtime and the Earnings Threshold
Permanent Contract of Employment
Poor Work Performance Procedure
TB in the Workplace
Example: Specific types and examples of misconduct
Leave a comprehensive guide
Balance of Probabilities vs. Beyond reasonable doubt
Unfair Labour Practice Policy
Wall charts – The two compulsory summaries that must be displayed
Performance assessment programme for poor performance
Labour and personnel audit checklist
Explanatory memorandum on sectoral determinations
Explanatory memorandum on functions of CCMA and bargaining councils
Misconduct vs. Incapacity
TB – What employers should know
The mistakes that haunt us in disciplinary proceedings
Payments and deductions on termination of service
The muddy waters of legitimate expectations in fix term agreements

6.3 Guidelines – The Effect of Legislation on your Company and its Directors and Managers

Protection of private information Bill 9 of 2009
Regulation of interception of communications and provision of communication related information Act 70 of 2002
Promotion to access of information Act 2 of 2000
Prevention and combating of corrupt activities Act 12 of 2004
Protected disclosures Act 26 of 2000
The Companies Act, 71 of 2008, the Companies
Amendment Act 2011 and the Regulations to the Companies Act

Section 7: Legislation, Regulations, Codes of Good Practice and Sectoral Determinations

7.1 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)

7.2 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

7.3 Sectoral Determinations

1 - Contract Cleaning Sector
2- Civil Engineering Sector
4– Clothing and Knitting Sector
5– Learnership
6 – Private Security Sector
7 –- Domestic Workers
9 – Wholesale and Retail Sector
10 – Children in Performing Arts
11-Taxi Sector
12- Forestry Sector
13- Farm Workers
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 2012 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.

Section 8: CCMA Referral Forms and Information Sheets

8.1: 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

8.2 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

Section 9: Occupational Injuries and Diseases (COID)

9.1 Compensation for Occupational Injuries and Diseases Guide - COID (Guide - 86 pages)

Module 1: Introduction

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

Module 2: Work related accidents (IOD’s)

Definition of an accident
What is an accident?
‘‘On duty’’
Travelling to and from work

Module 3: Occupational Diseases

Definition of an occupational disease
Scheduled diseases
Non-scheduled diseases

Module 4: Right to compensation

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

Module 5: Information applicable to compensation

Rules for employees involved in accidents outside SA
Application of the Act to seamen and airmen
Accidents during training for or performance of emergency services
Special circumstances in which Director-General may refuse award
Special circumstances in which Director-General may make award
Employee requiring constant help

Module 6: Employers liability; contributions and registration

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

Module 7: Assessment Fees; return of earnings and rebates

Assessment Fees
Calculation of Assessment Fees
When are employers required to submit their return of earnings?
Merit Rebates

Module 8: Contractors; recovery of damages and compensation paid from third parties

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

Module 9: Notices; reporting and recording of accidents

Notice of accident
Reporting and recording of occupational injuries and diseases under the OHSA

Module 10: Calculating earnings

Manner of calculating earnings of an employee
Earnings include
Earnings exclude

Module 11: Types of compensation that may be claimed

Five types of compensation
Disablement
Permanent disability
Temporary disability
Death benefits
Medical expenses and conveyance of injured employee
Increased compensation

Module 12: Repudiation of claims

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

Module 13: 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
Notice of formal hearing
Objection against decision of Commissioner

Module 14: Claiming procedure

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

Module 15: Claims, medical expenses and directions to medical the practitioner/chiropractor/hospital

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

Module 16: Applicable reports and notices

Updated forms

Module 17: Checklists for compensation problems

General information required
Checklist for injuries on duty (IOD)
Checklist for Occupational Diseases

Module 18: Reporting, recording and investigation of incidents

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

Module 19: Poor performance procedures in cases of injuries on duty

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

9.2 Other relevant COID sections:

Prescribed documentation - Occupational Diseases
Prescribed documentation - Injuries on Duty
Industry Classifications
Was 178T Standard Rates for Earnings 2010
Prescribed 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
Prescribed documentation - Death of an Employee
Prescribed documentation - Medical Accounts
Instruction Regarding Aggravated Asthma
Regulation HIV Instruction
Prescribed documentation – NIHL
WRULDS
Dermatological Report
Documentation – PTSA
Other Important Forms
Details - Compensation Commissioner
FEM Claim Forms and Documentation
RMA Claim Forms and Documentation

Section 10: Managing Health and Safety

10.1 Guide 1- Health & Safety (Guide - 55 pages)

Module 1: The Occupational Health and Safety Act

The Aim and Scope of the OHS Act (Checklist 1: Self evaluating checklist on important principles)

Module 2: Department of Labour

The Chief Directorate: Occupational Health and Safety
Inspections
Powers of Inspectors

Module 3: Important Sections of the Occupational Health and Safety 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

Self Evaluating Checklist 19: Acts or omissions/ employees and contractors

Section 38: Offences and penalties

Self Evaluating Checklist 20: Offences and penalties

Section 39: Proof of certain facts

Self Evaluating Checklist 21: Proof of facts

Section 40: Exemptions

Self Evaluating Checklist 22: Exemptions

Section 41: This Act Not Affected By Agreements

Self Evaluating Checklist 23: Third party agreements

Section 43: Offences and Penalties

Self Evaluating Checklist 24: Offences and Penalties

Section 44: Incorporation of Health and Safety Standards in Regulations

Self Evaluating Checklist 25: Health and Safety Standards

Section 45: Serving of Notices

Section 47: State Bound

Section 50: Short Title and Commencement

10.2: Guide 2 - 5 Step Risk Assessment (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

10.3 Guide 3- Hazard Identification Risk Assessment (Guide - 51 pages)

Module 1: Introduction

Introduction

Module 2: Legal requirements in South Africa

Legal requirement stipulated by the OHS Act
Section 8: General duties of employers to their employees
Legal requirement stipulated by the MHS Act
Section 11: Employer to assess and respond to risk

Module 3: SIMRAC practical guide to risk assessment

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

Module 5: Other relevant terminology

Module 6: Reasons for risk assessments and Sources of Hazards

The difference between risk identification and risk assessment
Reasons for risk assessments
What is meant by the term ‘‘risk assessment’’
What is a hazard?
Sources of Hazards
Hazards may arise from
Examples of work related hazards and risks

Module 7: Criteria for risk assessment

Terms ‘‘suitable and sufficient’’
Suitable and sufficient risk assessment

Module 8: Risk management and HIRA

Module 9: Different types of risk assessments

Baseline risk assessments (Baseline HIRA)
Purpose of a baseline risk assessment
The output of a baseline risk assessment
Examples of baseline risk assessments
Issues based risk assessment (Issue based HIRA)
Purpose of an issue based risk assessment
The output of a an issue-based risk assessment
Examples of issues based risk assessments
Continuous risk assessment (Continues HIRA)
Purpose of a continuous risk assessment
Output of a continuous risk assessment
Examples of continuous risk assessment
Module 10: HIRA process and management
Flow chart - risk assessment and management

Module 11: Planning for risk assessment

Introduction
The following aspects or guidelines should be followed during the planning phase
Aspects or guidelines that should be followed during the planning phase of the risk assessment
Identifying and appoint of competent assessors
Team approach

Module 12: 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

Module 13: Controlling the risk

Identify and evaluate existing risk controls
Identify appropriate control measures
Personal safety equipment and facilities
Different Hierarchies of control
Record keeping
Review and update and conclusion
Review and update
Conclusion

10.4 Guide 4 - Incident/ Accident Investigation (Guide - 26 pages)

Module 1: Incident/ Accident Investigation

Type of workplace incidents
Who should conduct the investigations?
Prescribed time frame for formal investigation

Module 2: Reporting of Occupational Injuries and Diseases

Report certain incidents to the Department of Labour
Other occurrences that should be reported
Reporting of Occupational Diseases

Module 3: Correct reporting and recording procedures

Procedure for reporting of section 24 incidents
Reporting of Occupational Diseases
Reporting of incidents involving other persons
Proper recording of incidents

Module 4: Six key investigation questions

The incident investigation should basically answer the following six key questions

Module 5: Incident Investigation Process

Incident investigation steps
Conducting the Incident Investigation

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 include:
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

10.5 Guide 5 - Safety Awareness Training (Guide - 31 pages)

Module 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

Module 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

Module 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

Module 4: Health and Safety Representatives and Committees

Health and Safety Representatives
Health and Safety Committees
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

Module 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

Module 7: Personal Protective Equipment and Symbolic Safety Signs

Personal Protective Equipment
Symbolic safety signs

Module 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

10.6 Guide 6 - Evacuation Guide for Workplaces (Guide - 30 pages)

Module 1: Introduction

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

Module 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

Module 4: Emergency Preparedness Plan

Emergency Preparedness Plan
Generic Emergency Evacuation Plan

Module 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

Module 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

Module 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

10.6 Other relevant sections include: