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Basic Labour Law

 

‘Without labour nothing prospers.” “Labour was the first price, the original purchase-money that was paid for all things.
It was not by gold or by silver, but by labour that all the wealth of the world was originally purchased.”

Xavier University https://www.xavier.edu

Managers need to know labour law in order to make appropriate decisions. This two  workshops will empower them to:

Module 1: Overview

  • Identify the legislation that regulates employment and explain how common law and Constitutional Rights impact on employment.
  • Demonstrate understanding of Organisational Rights as determined by the LRA and the purpose of Recognition Agreements in regulating labour relations.
  • Demonstrate understanding of the role, functions and limitations of shop stewards in a unionised workplace.
  • Demonstrate understanding of employment contracts and temporary work.
  • Demonstrate understanding of the Grievance Procedure.
  • Distinguishing between disputes of right and disputes of interest.
  • Demonstrate understanding of Dispute Procedures and different methods of resolving workplace conflict.
  • Demonstrate understanding of the difference between protected and unprotected strikes and lock-outs.:

Module 2: Workplace Discipline

  • Definitions of the meaning of dismissal, automatically unfair dismissals, other unfair dismissals and unfair labour practices.
  • Disciplinary measures short of dismissal.
  • Managing absenteeism including understanding relevant parts of the BCEA and recognising the signs of a troubled employee.
  • Probation.
  • Dismissals for incapacity including dismissals for substance abuse.
  • Dismissals based on operational requirements (retrenchments).
  • Dismissals for poor performance and dismissals for misconduct.
  • Procedural fairness – disciplinary enquiry procedures.
  • Substantive fairness.

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