SA Labour and Employment Law Documents
At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications.
Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.
From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.
For more information you can contact Labour Smart at 012 345 2955
| Title | Description | Type | Price | |
|---|---|---|---|---|
|
Big 5 Challenges Category Discipline |
A publication which aims at assisting managers with the day to day challenges in the work place. It deals with popular topics such as poor performance, abuse of sick leave, incapacity, disciplinary code and procedures, grievances, insubordination, absenteeism, abscondment, alcohol abuse, counselling and suspension. | Publication | R 270.00 | Preview |
|
Chairing and initiating in disciplinary hearing Category Disciplinary hearings |
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. | Publication | R 310.00 | Preview |
|
Polygraph testing and the Law Category Polygraph testing |
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. | Publication | R 150.00 | Preview |
|
Workplace Discipline and Dismissal Category Dismissal |
This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place. | Publication | R 330.00 | Preview |
|
Appeal form - Disciplinary hearing Category Disciplinary hearings |
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Information Sheet | R 70.00 | Preview |
|
Appeal form - Disciplinary hearing Category Disciplinary hearings |
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Template | R 85.00 | Preview |
|
Appeal ruling - Disciplinary hearing Category Disciplinary hearings |
The ruling and reasons for the decision given by the chairman of an appeal hearing. | Information Sheet | R 150.00 | Preview |
|
Appeal ruling - Disciplinary hearing Category Disciplinary hearings |
The ruling and reasons for the decision given by the chairman of an appeal hearing. | Template | R 165.00 | Preview |
|
Cases dealing with discipline Category Disciplinary hearings |
A collection of court cases dealing with disciplinary hearings. | Information Sheet | R 600.00 | Preview |
|
Check list of Disciplinary Enquiry Category Disciplinary hearings |
A check list to assist the complainant or initiator during the investigation of misconduct. | Information Sheet | R 190.00 | Preview |
|
Check list of Disciplinary enquiry Category Disciplinary hearings |
A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. | Template | R 205.00 | Preview |
|
Notices for the disciplinary process Category Disciplinary hearings |
This information sheet provides information regarding the appropriate forms to present to an employee on diving notice of a disciplinary hearing. It is imperative that the charges are set out clearly and the rights of the employee are canvassed to ensure the procedural fairness at this initial stage. | Information Sheet | R 345.00 | Preview |
|
Disciplinary chairperson’s guide Category Disciplinary hearings |
A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. | Information Sheet | R 190.00 | Preview |
|
Disciplinary Code and Procedure with appeal process Category Procedures |
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. | Information Sheet | R 600.00 | Preview |
|
Disciplinary Code and Procedure with appeal process Category Procedures |
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. | Template | R 590.00 | Preview |
|
Disciplinary Code and Procedure with HR assistance Category Procedures |
Disciplinary code and procedure for employers with a human recourses department. | Information Sheet | R 600.00 | Preview |
|
Disciplinary Code and Procedure with HR assistence Category Procedures |
Disciplinary code and procedure for employers with a human recourses department. | Template | R 600.00 | Preview |
|
Disciplinary Code and Procedure with no appeal Category Procedures |
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. | Template | R 240.00 | Preview |
|
Disciplinary Code and Procedure with no appeal Category Procedures |
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. | Information Sheet | R 600.00 | Preview |
|
Disciplinary hearing sanction form Category Disciplinary hearings |
An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | R 150.00 | Preview |
|
Disciplinary sanction form - Dismissal Category Disciplinary hearings |
A form to be used by a Chairperson of a disciplinary hearing when dismissing an employee. | Information Sheet | R 190.00 | Preview |
|
Example of a witness statement Category Disciplinary hearings |
A witness statement sets out the facts of the matter, chronologically as it pertains to a witness in a particular matter; used by the investigator in compilation of his evidence surrounding investigation into an event in the workplace. | Information Sheet | R 60.00 | Preview |
|
Example of an opening statement Category Disciplinary hearings |
An information sheet outlining a typical opening statement used at the commencement of a hearing. | Information Sheet | R 70.00 | Preview |
|
Example of charges in terms of disciplinary code Category Disciplinary hearings |
An information sheeting detailing a typical list of charges or transgressions. | Information Sheet | R 70.00 | Preview |
|
Example of charges with no disciplinary code Category Disciplinary hearings |
an information sheet detailing the charges or transgressions of an employee. | Information Sheet | R 70.00 | Preview |
|
Guide to Chairman - Deciding on sanctions Category Disciplinary hearings |
A document detailing the step by step enquiry a chair person must examine in order to originate at an appropriate sanction. The ultimate test for justifying a dismissal is - Has the employment/trust relationship broken down irretrievably? | Information Sheet | R 110.00 | Preview |
|
Kennisgewing van dissiplinere verhoor Category Disciplinary hearings |
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) | Template | R 355.00 | Preview |
|
Presenting or defending your case Category Disciplinary hearings |
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. | Information Sheet | R 600.00 | Preview |
|
Record of councilling prior to a disciplinary hearing Category Counselling |
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Template | R 110.00 | Preview |
|
Record of counselling prior to a disciplinary hearing Category Counselling |
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Information Sheet | R 110.00 | Preview |
|
The conduct of the chairperson in disciplinary hearings Category Disciplinary hearings |
An information sheet considering the impartiality of a chairperson. Prior knowledge of a case is always a contentious issue. It is not always possible for a chairperson to have no knowledge of the case, especially where the chairperson is part of the operations of the employer where the misconduct occurred. It is a fine line any chairperson should apply to determine whether she knows enough about the case to place her in a position where an opinion of guilt or innocence can be formed in her mind already. The golden rule should be that: if in doubt, rather recuse yourself and appoint another chairperson. | Information Sheet | R 150.00 | Preview |
|
The requirements for a fair disciplinary hearing Category Disciplinary hearings |
The Labour Relations Act states that a dismissal is 'unfair' if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the LRA stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. | Information Sheet | R 190.00 | Preview |
|
Disciplinary Procedures CCMA Category CCMA |
information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. | Forms | FREE | Preview |
|
Pre-Dismissal Arbitrations CCMA Category CCMA |
Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party. | Forms | FREE | Preview |
|
Disciplinary Hearing - Sanction Category Disciplinary hearings |
An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | R 150.00 | Preview |
|
Notice of disciplinary hearing form Category Disciplinary hearings |
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. | Information Sheet | R 110.00 | Preview |
|
Notice of disciplinary hearing form Category Disciplinary hearings |
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. | Template | R 125.00 | Preview |
|
The mistakes that haunt us in disciplinary proceedings Category Disciplinary hearings |
A consideration of case law and common procedural errors that employers may make tainting any dismissal as unfair leading to costly results. | Articles | FREE | Preview |
|
Can the Employer Re-Do a Disciplinary Hearing Category Disciplinary hearings |
A look into case law on whether employers who are not always satisfied with the decision of its chairpersons, can change the finding? A consideration of SARS v CCMA & others and Country Fair Foods (Pty) Limited v Commission for Conciliation, Mediation and Arbitration & others. | Information Sheet | R 130.00 | Preview |
|
Resignation before the disciplinary hearing Category Disciplinary hearings |
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. | Information Sheet | R 95.00 | Preview |
|
The role of the disciplinary code Category Disciplinary hearings |
Not all employers have a disciplinary code of conduct. It is often the small employer that does not have a code of conduct and who employs more informal disciplinary measures. No law requires employers to have a code, however, all employers must comply with the rule test before it can discipline or dismiss an employee. One of the surest ways to ensure that everybody in the employer’s business complies with its rules and that the sanctions for breaking those rules are consistently applied, is adopting uniform standards of rules – called the disciplinary code of conduct. | Information Sheet | R 250.00 | Preview |
|
Sanctions in a disciplinary hearing Category Disciplinary hearings |
This article looks at the different types of sanctions to impose at a Disciplinary Hearing. The type of sanction always depends on the facts of the case, the seriousness of the case and the mitigating and aggravating factors. | Information Sheet | R 95.00 | Preview |
|
Chairing and initiating in disciplinary hearing Category Disciplinary hearings |
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. | Publication | R 310.00 | Preview |
|
Polygraph testing and the Law Category Polygraph testing |
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. | Publication | R 150.00 | Preview |
|
Workplace Discipline and Dismissal Category Dismissal |
This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place. | Publication | R 330.00 | Preview |
|
Appeal form - Disciplinary hearing Category Disciplinary hearings |
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Information Sheet | R 70.00 | Preview |
|
Appeal form - Disciplinary hearing Category Disciplinary hearings |
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Template | R 85.00 | Preview |
|
Cases dealing with discipline Category Disciplinary hearings |
A collection of court cases dealing with disciplinary hearings. | Information Sheet | R 600.00 | Preview |
|
Check list of Disciplinary Enquiry Category Disciplinary hearings |
A check list to assist the complainant or initiator during the investigation of misconduct. | Information Sheet | R 190.00 | Preview |
|
Check list of Disciplinary enquiry Category Disciplinary hearings |
A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. | Template | R 205.00 | Preview |
|
Notices for the disciplinary process Category Disciplinary hearings |
This information sheet provides information regarding the appropriate forms to present to an employee on diving notice of a disciplinary hearing. It is imperative that the charges are set out clearly and the rights of the employee are canvassed to ensure the procedural fairness at this initial stage. | Information Sheet | R 345.00 | Preview |
|
Disciplinary chairperson’s guide Category Disciplinary hearings |
A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. | Information Sheet | R 190.00 | Preview |
|
Disciplinary hearing sanction form Category Disciplinary hearings |
An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | R 150.00 | Preview |
|
Example of a closing statement Category Disciplinary hearings |
An information sheet setting out a typical closing statement to be used in CCMA proceedings setting out the legal argument and facts you rely upon. | Information Sheet | R 150.00 | Preview |
|
Example of a closing statement Category Disciplinary hearings |
A template of a closing argument to be used at the CCMA detailing the legal argument and facts relied upon to state a parties case. | Template | R 165.00 | Preview |
|
Example of a witness statement Category Disciplinary hearings |
A witness statement sets out the facts of the matter, chronologically as it pertains to a witness in a particular matter; used by the investigator in compilation of his evidence surrounding investigation into an event in the workplace. | Information Sheet | R 60.00 | Preview |
|
Example of an opening statement Category Disciplinary hearings |
An information sheet outlining a typical opening statement used at the commencement of a hearing. | Information Sheet | R 70.00 | Preview |
|
Example of leading a witness to give evidence Category Disciplinary hearings |
This information sheet provides information regarding the presenting evidence in chief at a hearing. | Information Sheet | R 110.00 | Preview |
|
Guide to Chairman - Deciding on sanctions Category Disciplinary hearings |
A document detailing the step by step enquiry a chair person must examine in order to originate at an appropriate sanction. The ultimate test for justifying a dismissal is - Has the employment/trust relationship broken down irretrievably? | Information Sheet | R 110.00 | Preview |
|
Imprisoned employees and other cases Category Disciplinary hearings |
An information sheet dealing with incapacity related to imprisonment of employees and case law. Employers who dismiss an employee due to imprisonment must follow schedule 8 of the LRA and needs to consider the reasons for the incapacity, the extent of the incapacity, whether it is permanent or temporary, and whether any alternatives to dismissal do exist. | Information Sheet | R 110.00 | Preview |
|
Kennisgewing van dissiplinere verhoor Category Disciplinary hearings |
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) | Template | R 355.00 | Preview |
|
Notice to Attend Dissiplinary Hearing Simple Category Disciplinary hearings |
A notice to attend a disciplinary enquiry. | Template | R 125.00 | Preview |
|
Presenting or defending your case Category Disciplinary hearings |
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. | Information Sheet | R 600.00 | Preview |
|
Record of councilling prior to a disciplinary hearing Category Counselling |
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Template | R 110.00 | Preview |
|
Record of counselling prior to a disciplinary hearing Category Counselling |
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Information Sheet | R 110.00 | Preview |
|
The conduct of the chairperson in disciplinary hearings Category Disciplinary hearings |
An information sheet considering the impartiality of a chairperson. Prior knowledge of a case is always a contentious issue. It is not always possible for a chairperson to have no knowledge of the case, especially where the chairperson is part of the operations of the employer where the misconduct occurred. It is a fine line any chairperson should apply to determine whether she knows enough about the case to place her in a position where an opinion of guilt or innocence can be formed in her mind already. The golden rule should be that: if in doubt, rather recuse yourself and appoint another chairperson. | Information Sheet | R 150.00 | Preview |
|
The requirements for a fair disciplinary hearing Category Disciplinary hearings |
The Labour Relations Act states that a dismissal is 'unfair' if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the LRA stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. | Information Sheet | R 190.00 | Preview |
|
Conciliation CCMA Category CCMA |
Information sheet by the CCMA on Conciliation - A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. | Forms | FREE | Preview |
|
Disciplinary Hearing - Sanction Category Disciplinary hearings |
An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | R 150.00 | Preview |
|
Notice of disciplinary hearing form Category Disciplinary hearings |
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. | Information Sheet | R 110.00 | Preview |
|
Notice of disciplinary hearing form Category Disciplinary hearings |
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. | Template | R 125.00 | Preview |
|
Can the Employer Re-Do a Disciplinary Hearing Category Disciplinary hearings |
A look into case law on whether employers who are not always satisfied with the decision of its chairpersons, can change the finding? A consideration of SARS v CCMA & others and Country Fair Foods (Pty) Limited v Commission for Conciliation, Mediation and Arbitration & others. | Information Sheet | R 130.00 | Preview |
|
Resignation before the disciplinary hearing Category Disciplinary hearings |
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. | Information Sheet | R 95.00 | Preview |
|
Sanctions in a disciplinary hearing Category Disciplinary hearings |
This article looks at the different types of sanctions to impose at a Disciplinary Hearing. The type of sanction always depends on the facts of the case, the seriousness of the case and the mitigating and aggravating factors. | Information Sheet | R 95.00 | Preview |
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Fax: 086 616 6312
Email: moreinfo@laboursmart.co.za
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