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Basic Labour Relations

 

Including guidelines for system monitoring and management as well as  guidance on

vulnerable employees and workplace accommodation in relation to COVID-19  in the workplace

 

 Full Day Workshop

 

 SA Labour Guide is an accredited training Provider with SABPP

 

 

23 October 2020 (09:00 - 16:00) Interactive Online Course

 

 

 

Online booking form

 

 

Click here to download registration forms for 23 October 2020 (09:00 - 16:00) Interactive Online Course

 

 

Module 1: Guidelines for symptom monitoring and management of COVID-19

  • Recommended procedure

  • Self-monitoring for symptoms

  • Management of workers towards COVID-19

 

Module 2: Guidance on vulnerable employees and workplace accommodation in relation to COVID-19

  • Who is a vulnerable employee in the context of COVID-19?

  • Identifying vulnerable employees and major categories

  • Assessing a vulnerable employee

  • Protecting and managing vulnerable employees in the workplace

 

Module 3: General

  • Insubordination

  • Job Descriptions & Extra duties

  • Absenteeism & Medical certificates

  • Smoking in the workplace

 

Module 4 – The Code of Good Practice on Dismissal

  • Schedule 8: The Code of Good Practice on dismissals

  • Fair reasons for dismissal

  • Automatic unfair dismissals

  • Standard of conduct

  • Progressive discipline

  • Dismissals for misconduct

  • Fair procedure

  • Disciplinary records

  • Dismissals and industrial action

  • Probation

  • Incapacity: Poor work performance

  • Incapacity: Ill health or injury

 

Module 5 – Misconduct and the Disciplinary Code

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

  • 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

  • Disciplinary Code and Procedures

  • Disciplinary Sanctions – Warnings

  • Verbal Warnings

  • Written warning

  • Example of written warning

  • Final written warning

  • Disciplinary procedures

  • Minor transgressions

  • Distinguishing misconduct from poor work performance

  • Some examples of misconduct

  • Exactly who is a trade union representative?

  • Employee Representation

  • Resignation before Disciplinary action

  • Grievance Procedure

  • Unfair labour practice

  • Automatically unfair dismissals (incorporating the 2014 amendments)

 

Module 6: The Disciplinary Hearing

 

Module 7 – The Contract of Employment

  • The Importance of the Employment Contract

  • The contract of permanent employment

  • The Fixed Term Contract of Employment in terms of section 198B of the amendment Act

  • Expectation of indefinite employment in terms of the amended Act

  • The project contract of employment

  • The contract of probationary employment

 

Module 8 – The use of Temporary Employment Service providers in terms of section 198 of the amended Act

 

Module 9 – Trade Unions and Shop Stewards Overview

 

Module 10 – CCMA Overview

  • What is the CCMA?

  • Dispute Referral 

  • Conciliation / arbitration

  • Representation at conciliation and arbitration (incorporating the amended CCMA rules)

  • Failure to appear or be properly represented at conciliation

  • The Certificate of Settlement

  • Con / Arb

  • Preparing for Conciliation

  • Arbitration

  • Pre-dismissal Arbitration

 

Module 11: Basic Conditions of Employment

  • Earnings Threshold

  • The Regulation of Working Time

  • Hours of Work and Overtime

  • Section 9: Ordinary hours of work 

  • Section 10: Overtime

  • Section 14: Meal Intervals

  • Section 16 & section 18

  • Remuneration for Sunday and public holiday work

  • Section 20: Annual leave

  • Annual leave and termination of employment

  • The accumulation of annual leave

  • Section 22: Sick leave

  • Section 25: Maternity leave

  • Parental Leave effective from 01 January 2020

  • Section: 27 Family responsibility leave

  • Religious holidays

  • Study leave for examination or study purposes

 

Module 12: CCMA Information Sheets

  • Constructive Dismissal

  • Desertion

  • Disciplinary Procedures

  • Drunkenness on Duty

  • Employee v Independent Contractor

  • Harassment

  • Ill Health or Injury

  • Misconduct

  • Poor Work Performance

  • Polygraph Testing

  • Retrenchment

  • Sectoral Determinations

  • Unfair Dismissals and Unfair Labour Practices

  • Unilateral Changes

 

Objective

The objective of this workshop is to give an overview of labour relations and labour law. After completion of the workshop the delegates should have a better understanding of the Basic Conditions of Employment Act as well as the labour relation Act, including relevant regulations and codes of good practice.    

 

Who should benefit from attending this workshop?

People dealing with issues such as: personnel discipline, the day to day handling of personnel, personnel clerks and supervisors.

 

Important  

Labour Guide has received a number of requests to present a basic course in labour relations. Please note that this is a general course and will therefore be presented in a manner to make it understandable for all delegates, this is not an advanced course.

 

Price:  

  • R 2290-00 (incl. Vat) per delegate

  • Price include course material, certificates of attendance, legislation.

 

For further information contact:

  • Hanlie or Peraldo (012) 661 3208

  • fax: (012) 661 1411

  • e mail:  or  

        

                                                                   

 

 

POPI and consent - don’t get caught in your own net

By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr

 

2020 has given rise to many challenges for employers. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI. 

 

POPI distinguishes between the collection, storage and processing of personal information and special person information. Special personal information includes e.g. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees.

 

It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. 

 

Section 1 of POPI defines consent as “any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information”. Written consent is not expressly required. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. In the circumstances it is advisable for employees’ written consent to be secured. 

 

The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent is informed.

 

The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR.

 

In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. The employees must be able to understand in clear language what they are consenting and the extent of the consent. Where necessary provisions should also be made specifically for the processing of special personal information.

 

Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee.

 

Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. 

 

Both special and general personal information may be processed lawfully if the processing is necessary for the “establishment, exercise or defence of a right or obligation in law”. This would cover instances where e.g. an employer processes employees’ personal information to comply with its obligations under the Employment Equity Act.

 

An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied”. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. The GDPR has established a three-pronged test in interpreting “legitimate interest” which considers purpose, necessity, and balance. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “Is processing the information necessary for that purpose” and thirdly “Is the legitimate interest overridden by the interests of the data subject?

 

A determination is made as to whether there is a “legitimate interest” for the purposes of processing personal information based on the answers to these three questions.

 

So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. In the absence thereof, the employer will need to prepare and secure a further consent from the employee.

 

For more information, please contact Gillian Lumb at   

Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com

 

 

 

 

 

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