Details of the seminar are as below. Cost for the day is R1767 incl. VAT excluding any discounts.

A 10% discount is offered on groups of more than 3 delegates. Should you wish to register at the discounted rate please contact Marc Ashton on 082-561-1585 or e-mail marc@rival.co.za

WALKING THE LABOUR LAW TIGHTROPE

Implementing Labour Law Productively

Workshop date/time: Friday 23 July 2010 Registration: 08H45 Close: 16h30 

VENUE:   SA Chamber of Commerce and Industry, 24 Sturdee Avenue,
                             Rosebank, Johannesburg.

SEMINAR PURPOSE AND CONTENT
In South Africa the biggest challenge for employers is the balancing act of achieving a productive workforce without infringing upon the countless powerful labour laws protecting employees.

Via a comprehensive case study laden with practical learning points workshop delegates have fun while gaining crucial insights from the wrongdoings of a fictitious company called Mile High Airlines. They receive detailed input on how to balance labour law compliance with the effective management of the following functions:

MANPOWER PLANNING RECRUITMENT, SCREENING AND SELECTION
JOB DESCRIPTIONS AND PERSON SPECIFICATIONS
JOB ADVERTISEMENTS
REFERENCE CHECKING
INTERVIEWING
PRE-EMPLOYMENT TESTING
RECRUITMENT AND SELECTION LEGISLATION
PROBATION AND INDUCTION
ACTING APPOINTMENTS AND LEGAL PITFALLS
RETENTION OF KEY STAFF
TRAINING AND DEVELOPMENT DESIGN AND IMPLEMENTATION
CAREER PATHING AND SUCESSION PLANNING
EFFECTIVE SUPERVISION
PERFORMANCE IMPROVEMENT, MOTIVATION AND TEAMWORK
EMPLOYMENT EQUITY AND DISCRIMINATION
DISCIPLINE AND DISMISSAL
FAIRNESS AND THE CCMA

About the presenter:
Ivan Israelstam, CEO of Labour Law Management Consulting
Ivan Israelstam has 14 years experience as a litigator at CCMA and 4 years as a CCMA Commissioner. He writes numerous labour law columns in major publications and is the author of labour law books. Ivan chairs SACCI’s Labour Relations committee and gives conference, seminar, radio and TV talks.

Consulting

Arbitrator misconduct can and does occur in many different forms

including:

Bias

In the case of Best Boland Motors vs Dispute Resolution Centre &others (CLL Vol. 13 No. 5 page 47) the Labour Appeal Court found that theconduct of the arbitrator suggested bias because the arbitrator and theapplicant employee held private discussions.

Aggressive Interrogation

In County Fair Foods vs Theron NO & others (2001, 2 BLLR 134 LC) the court found the aggressive manner in which the arbitrator questionedwitnesses to be unacceptable and therefore set the arbitrator’s decisionaside.

Ignoring of Evidence

In the case of Sasko (Pty) Ltd vs Buthelezi & others (1997, 12 BLLR1639 LC) the arbitrator failed to take into account that the employee had refused an offer of promotion. The Labour Court found this to be a breachof the arbitrator’s duty.

Misconstruing Evidence

In the case of Crown Chickens (Pty) Ltd vs Kapp & others (2002, 6 BLLR493 LAC) the arbitrator found that the employee had not called a colleague
a “kaffer”. However, the Labour Appeal Court found that the arbitrator had, without good reason, rejected the evidence of two witnesses whose evidence indicated that the employee had called his colleague a “kaffer”.

The Court found this amounted to a gross irregularity.

It is difficult to persuade a judge to overturn an arbitration decision.

Parties should not apply to Court for a review without the benefit ofproper legal expertise.

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Author may be contacted on (011) 888-7944 or 0828522973 or on e-mail

address: labourlaw@absamail.co.za. Go to: www.labourlawadvice.co.za.

To attend our May 2010 seminars in Cape Town and Johannesburg on CHANGES

AND DANGERS IN LABOUR LAW please contact Ronni at

ronni@labourlawadvice.co.za or on 0845217492 or (011) 782-3066.

Before a trade union can legally force the employer to recognise shop stewards as worker representatives the trade union first has to:

1. Gain official recognition itself from the employer; and

2. Show that the trade union on its own (or together with other trade unions) has as members the majority of the employees at the workplace; and

3. Have, at the workplace, at least ten trade union members on its own or jointly with other unions.

The employer that recognises a trade union and shop stewards has to pay normal wages to the employees elected as shop stewards. When the worker puts aside his duties as an employee and carries out his/her shop steward duties the employer must still, in most cases, pay him/her!

It is therefore vital for the employer to enter into an agreement with the union before recognising the union and the shop steward so as to control the activities of the union and of the shop stewards. Without such an agreement the shop stewards might act beyond their authority and squander valuable production time. The employer should therefore:

· Refuse recognition of the shop steward until a properly drafted union recognition agreement has been signed

· Impose, via the recognition agreement, strict controls on the activities of the shop steward

· Make the shop steward fully aware of the consequences of breach of the terms of the recognition agreement and of the employer’s code of conduct

· Take swift yet legally correct action where shop stewards flout the rules

· Join a reputable employers’ organisation such as the GDPEO in order to gain access to expert legal advice and representation.

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Author may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: labourlaw@absamail.co.za. Web address: www.labourlawadvice.co.za.

To attend our May 2010 seminars in JHB and Cape Town on CHANGES AND DANGERS IN LABOUR LAW please contact Ronni at ronni@labourlawadvice.co.za or on 0845217492 or (011) 782-3066.

While arbitrators have repeatedly faulted employers for procedural unfairness at disciplinary hearings certain employers still maintain that there is no need for a formal hearing. Part of the reason for this misconception is the wording of Schedule 8 of the Labour Relations Act which states that the hearing need not be a formal one. However, the same item requires that the employee be allowed the opportunity to state a case in response to the allegations. The courts have frequently interpreted the latter requirement to mean that the accused employee must be given the right to an unbiased chairperson, to testify, to bring documents, call witnesses and cross examine evidence brought against him/her.

Thus, in order to be able to comply with this the employer needs to set up a formal hearing, the record of which becomes part of the evidence at the CCMA. Because it is at the CCMA where the employer will be required to prove that it complied with legal procedure when dismissing the employee.

Furthermore, where an employee is suspected of poor performance it is not enough to have an informal discussion with the employee about the problem and then to fire him/her the next week. The LRA sets down specific steps to be followed before a dismissal for poor performance can even be considered.

Again it is not practical to comply properly with such stringent requirements in an informal manner because informal processes are difficult to control and to prove.

Therefore, managers must either be thoroughly trained in disciplinary process or the employer must hire a reputable labour law expert to chair its hearings.

To attend our seminars on CHANGES AND DANGERS IN LABOUR LAW on 12 March 2010 (JHB) and 14 May 2010 (Cape Town) please contact Ronni at ronni@labourlawadvice.co.za or on 0845217492 or (011) 782-3066.

Date: 12 March 2010

Where: Johannesburg

Presenter: lvan lsraelstam, CEO of Labour Law Management Consulting.

Course to cover:
· the impending legislation on labour brokering, contracting and probation

· the draft CCMA Guidelines: Misconduct Arbitrations

· double jeopardy discipline – when is it acceptable?

· biased presiding officers

· mitigating circumstances – how important are they?

· Legislated erosion of management prerogative

· Suspensions – procedures now more complex

· external representation at disciplinary hearings – latest

· destruction of the trust relationship – can you prove it?

· when employment begins – the day you sign up or the day you arrive?

· sexual harassment – when can you/must you dismiss?

FOR RESERVATIONS:
Please contact Ronni on 084 5217492 or ronni@labourlawadvice.co.za

To have your event listed on ManufacturingHub.co.za or Ferronews.com please contact Marc on 082-561-1585 or e-mail sales@rival.co.za.

Cost is R175 excl. VAT once off