Information sheets are provided to assist the HR professional, managers and unions with practical guidance on various labour and employment law topics, such as disciplinary hearings, arbitrations in the CCMA, retrenchments, employment equity and other relevant topics.
These documents are supported by templates to assist with the practical management of all HR and labour law related topics.
Information sheets are formatted in .pdf and are thus not for editing purposes.
For more information you can contact Labour Smart at 012 345 2955
Title | Description | Type | Price | |
---|---|---|---|---|
Abscondment Category Discipline |
"Abscondment" is deemed to have occurred when the employee has been absent from work for a time that warrants the inference that the employee no longer intends to resume work. This article considers the transgression of abscondment and the severity of the type of sanction to impose. | Information Sheet | R 95.00 | Preview |
Absenteeism and how to manage it Category Discipline |
Identifying the different types of absenteeism and how to manage it. | Information Sheet | R 115.00 | Preview |
Abuse of Sick Leave and Leave - pdf Category Discipline |
Employees are entitled to sick leave during a cycle of 36 months with the same employer. During this period the employee is entitled to sick leave equal to the days an employee will normally work in 6 weeks. In certain circumstances - abuse of sick leave is grounds for disciplinary action, however there is a fine line between misconduct and incapacity that an employer must be careful not to cross! | Information Sheet | R 60.00 | Preview |
Affidavit in opposition to condonation application - pdf Category CCMA and B/councils |
How to oppose an application for condonation in terms of rule 9 the of CCMA rules, of any referral document or application delivered outside of the applicable time periods as determined by the CCMA Rules. | Information Sheet | R 255.00 | Preview |
Affidavit in support of rescission - pdf Category CCMA and B/councils |
Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings. | Information Sheet | R 190.00 | Preview |
Affidavit section 142A of the LRA - pdf Category CCMA and B/councils |
Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA | Information Sheet | R 150.00 | Preview |
Agency and Closed Shop Agreements - pdf Category Employment agreements |
A discussion document on Section 25 and 26 of the LRA dealing with closed shop and agency shop agreements between employers and unions on behalf of employees in the workplace. this special type of agreement constitutes a collective agreement in terms of which the employees all contribute or belong to a specific union with which the employer entered into a closed or agency shop agreement. | Information Sheet | R 110.00 | Preview |
Agenda for section 21 meeting Category Trade Unions |
Agenda points for a Section 21 meeting | Information Sheet | R 95.00 | Preview |
Agreement to postpone in council Category CCMA and B/councils |
A letter to confirm the parties have reached a consensual agreement to postpone a matter. This must be submitted timeously to ensure it is effected. | Information Sheet | R 60.00 | Preview |
Amended Labour Relations Act - pdf Category Department of Labour |
The Labour Relations Act (by The Department of Labour) No. 66 of 1995: as amended by Labour Relations Amendment Act, No 42 of 1996, Proclamation, No 66 of 1996, Labour Relations Amendment Act, No 127 of 1998, Labour Relations Amendment Act, No 12 of 2002. | Information Sheet | FREE | Preview |
Anti Corruption and Fraud policy Category Policies |
A policy assisting an employer to deal with and prevent corruption and fraud in the work place. | Information Sheet | R 230.00 | 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 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 |
Application for leave Category Basic Conditions of Employment |
A detailed application for leave | Information Sheet | R 60.00 | Preview |
Application for postponement of arbitration in the CCMA Category CCMA and B/councils |
Rule 31 - Application to postpone an arbitration in the CCMA | Information Sheet | R 110.00 | Preview |
Appointment letter of designated EE manager Category Disciplinary hearings |
A letter appointing a Designated Manager in terms of the section 24(1) of the Employment Equity Act No 55 of 1998. Such a Designated Manager will report directly to its employer on all matters relating to, or emanating from the development, implementation and monitoring of the Employment Equity Plan and the chairing of the Employment Equity Forum. | Information Sheet | R 95.00 | Preview |
Appointment of Consultant Category Employment agreements |
Agreement for the appointment of a consultant - standard terms & conditions. | Information Sheet | R 295.00 | Preview |
Argument on points in limine in CCMA arbitrations Category CCMA and B/councils |
A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. | Information Sheet | R 255.00 | Preview |
Automatic Unfair Dismissals Category Dismissal |
A dismissal is automatically unfair in terms of section 187 of the LRA if the employer dismisses an employee for reasons relating to organisational rights or for reasons relating to unfair discrimination, participation in a protected strike or pregnancy. | Information Sheet | R 150.00 | Preview |
BCEA Earnings threshold 2014 Category Labour related legislation |
The earnings threshold in terms of the BCEA, as promulgated from time to time by the Minister of Labour. Employees earning less than the threshold are protected by additional sections of the BCEA. | Information Sheet | R 70.00 | Preview |
BCEA Forms available from the DoL website Category Department of Labour |
A list of BCEA forms available from the Department of Labour website (also available from the LabourSmart website) | Information Sheet | FREE | Preview |
Can a union be held liable for damages during protest actions Category Strike and lockout |
An article discussing the liability of a trade union for damages caused to the public during protest actions. | Information Sheet | R 95.00 | 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 |
Case law for 2012 Category Labour related legislation |
A summary of pertinent case law for 2012. | Information Sheet | R 575.00 | Preview |
Case law update on cultural rights Category Case Studies |
The Supreme Court of Appeal has had the final word on the matter, Kievits Kroon Country Estate (Pty) Ltd v CCMA & others (LC). A case law update on the rights of employees to cultural expression. | Information Sheet | R 110.00 | Preview |
Cases dealing with discipline Category Disciplinary hearings |
A collection of court cases dealing with disciplinary hearings. | Information Sheet | R 600.00 | Preview |
CCMA rules and forms Category CCMA and B/councils |
Rules and forms applicable in the CCMA dealing with referral, applications, condonation, subpoenas and wittiness fees. | Information Sheet | FREE | Preview |
Charges against shop stewards Category Spesific transgressions |
An employer may not dismiss a shop steward for any reason relating to her activities as a shop steward, as this will constitute an automatic unfair dismissal. Employers who want to discipline shop steward must first inform the union thereof and invite the union to consult on the intended charges. | Information Sheet | R 95.00 | 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 |
Checklist Section 197 of Labour Relations Act Category Transfer of business |
Section 197 of the LRA must be strictly adhered to . This is a handy checklist to be used for the sale or transfer of any business, trade, undertaking or service or any part thereof, as a going concern to ensure compliance with the LRA. | Information Sheet | R 225.00 | Preview |
Code of ethics and business conduct Category Policies |
Code of ethics and business conduct information sheet | Information Sheet | R 255.00 | Preview |
Code of Good Practice Basic Conditions of Employment and Pregnancy GG Category Codes of good practice |
A code of good practice promulgated in terms of section 87(1)(b) of the BCEA dealing with the protection of female employees during pregnancy and after birth. | Information Sheet | FREE | Preview |
Comprehensive introduction to EEA Category Employment Equity |
A comprehensive introduction to the inner workings of the Employment Equity Act (as Amended). | Information Sheet | R 430.00 | Preview |
Confirmationary affidavit Category CCMA and B/councils |
A confirmatory affidavit is needed when a person is mentioned in the primary affidavit. The cautionary rules of evidence prescribe that without an affidavit confirming the correctness of what is averred in the primary application, the evidence is hearsay and inadmissible. A confirmatory affidavit only serves to confirm the details in so far as they relate to that person. | Information Sheet | R 95.00 | Preview |
Constructive Dismissals - a difficult case to prove Category Dismissal |
An article discussing requirements to be proven when alleging constructive dismissal by an employer. | Information Sheet | R 95.00 | Preview |
Counselling of Employees Category Counselling |
Counselling is the first step of addressing or correcting the behaviour of the employee. It is an invaluable way of ensuring that the employee knows the rule and cannot later claim ignorance. It is also a way of correcting the behaviour of the employee at a stage when the employee is not up for disciplinary measures yet. | Information Sheet | R 60.00 | Preview |
Damage to Property Category Spesific transgressions |
Wilful or negligent damage inflicted on an employer's property - this article details what an employer needs to prove and how to go about charging or disciplining a transgressor. | Information Sheet | R 95.00 | Preview |
Deduction from salary - Section 34 Category Basic Conditions of Employment |
An article discussing section 34 of the BCEA which regulates deductions from remuneration for loss or damage caused to an employer. | Information Sheet | R 110.00 | Preview |
Defining the employment relationship Category Recruitment and selection |
An article discussing the definition of an employee and how the definition of the employment relationship has been interpreted by the courts. | Information Sheet | R 190.00 | Preview |
Determination threshold 2014 GG Category Basic Conditions of Employment |
Published by the Minister of Labour in 2014, the earning threshold determining that certain employees earning above the set threshold will be excluded from certain provisions of the BCEA. | Information Sheet | FREE | 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 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 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 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 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 |
Discussion paper - Recruitment and employment equity Category Employment Equity |
This publication deals with the recruitment process and employment equity. It considers the right of applicants not to be unfairly discriminated against, the right to privacy, medical testing, psychometric testing, affirmative action and managerial prerogative. | Information Sheet | R 450.00 | Preview |
Dishonesty - Lies, Fraud, Falsification and Theft Category Spesific transgressions |
The employer has the right to expect his employees to be honest - if the employee is not honest, it damages the trust relationship. This type of offence will include theft, dishonest conduct, fraud, falsification, spreading false rumours and lying. | Information Sheet | R 95.00 | Preview |
Dispute procedures and path in terms of the LRA Category Settlement agreements |
A discussion document on the dispute procedures and path as set out in the LRA, specifically dealing with conciliation, arbitration, pre-dismissal arbitration and con-arb. | Information Sheet | R 430.00 | Preview |
Disputes about unfair dismissals Category Dismissal |
An information sheet detailing the procedure; compensation; rights & obligations surrounding perceived unfair dismissals and the rights of an employee to approach either the CCMA or Labour Courts after a dismissal. | Information Sheet | R 285.00 | Preview |
Disregard of safety rules Category Spesific transgressions |
Most employers have the rule that safety cannot be compromised under any circumstances. From the above, it will be deduced that misconduct is the breaking of a rule, regulation, a policy or procedure, or a standard of behaviour in the workplace. | Information Sheet | R 95.00 | Preview |
Do you have the right to withdraw a resignation Category Employment agreements |
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 250.00 | Preview |
Does the managerial prerogative still apply during the recruitment process Category Recruitment and selection |
An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. | Information Sheet | R 130.00 | Preview |
Does the managerial prerogative still apply during the recruitment process Category Recruitment and selection |
An information sheet discussing to what extent, if any, an employer’s managerial prerogative - the right to decide and to manage - prevails in the workplace; or whether the decision making power of the employer is being curtailed by the labour rights and claim to fairness by employees or applicants. | Information Sheet | R 150.00 | Preview |
Duties of the Designated Employer Category Employment Equity |
A Designated Employer must, after conducting an analysis and consulting with employees, prepare and implement an employment equity plan. The Designated employer must then report to the DOL on its progress with regard to implementing EE as well as addressing unfair income differentials in the workplace. | Information Sheet | R 110.00 | Preview |
Duty to keep Records Category Discipline |
The code of Conduct, Schedule 8 specifically requires employers to keep records of the employee. These disciplinary records play a role in determining the sanction metered out to an employee who may be on a valid warning for the same or similar misconduct. Past or expired records are also kept and can be used as aggravating circumstances in a hearing. | Information Sheet | R 60.00 | Preview |
EE Member Appointment Letter Category Employment Equity |
A letter electing a member to the Employment Equity Committee "EEC" . In terms of the Employment Equity Act, the company is obliged to set up an EEC. This committee is a consultation forum where the employer and the employee representatives (and the unions) must meet on a regular basis to consult on employment equity matters. | Information Sheet | R 70.00 | Preview |
EE newsletter #1 Category Employment Equity |
A letter to employees from the employer detailing Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. | Information Sheet | R 60.00 | Preview |
EE Nomination form Category Disciplinary hearings |
All Designated Employers are obliged in terms of the Employment Equity Act 1998 to appoint an Employment Equity Consultative Forum where the employer meets with the unions and the employee representatives to consult on all matters of equity and equality, as directed by the Act. These representatives are appointed to represent your employment Equity interest in the Consultative Forum. | Information Sheet | R 60.00 | Preview |
EE Questionaire employees Category Employment Equity |
An EEA checklist form for employees from the employer ensuring Employment Equity initiatives and commitments. The purpose of the EEA is mainly to achieve equity ad equality in the workplace. This is achieved by promoting equal opportunity for all employees and to eliminate unfair discrimination. | Information Sheet | R 110.00 | Preview |
EEA13 - Employment Equity plan Category Employment Equity |
Employment Equity Plan (Section 20). Section 20 requires designated employers to prepare and implement an Employment Equity Plan which will achieve reasonable progress towards employment equity in the employer’s workforce. | Information Sheet | FREE | Preview |
EEC Constitution Category Employment Equity |
The constitution document for an Employment Equity Committee, the keystone to the policy and commitments fostered towards development of an EE friendly environment in practice. | Information Sheet | R 230.00 | Preview |
EEC minutes Category Employment Equity |
Meeting minute template for the Employment Equity Committee. | Information Sheet | R 190.00 | Preview |
EEC questionaire Category Employment Equity |
This check list is designed as part of the analysis conducted by the employer in order to prepare an employment equity plan and report. | Information Sheet | R 245.00 | Preview |
Employee restraint of trade Category Employment agreements |
In this ROT Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings | Information Sheet | R 200.00 | Preview |
Employment Equity Amendment Act 4 of 2022 Category Employment Equity |
This is a document by the Government Gazette on Act No. 04 of 2022 Employment Equity Amendment Act | Information Sheet | FREE | Preview |
Employment Equity Regulation R595 of GG 37873 of 1 August 2014 Category Employment Equity |
This regulation repealed the previous regulations of 2009. The regulations define work of equal value, duties of the designated employer, enforcement mechanisms and general administrative matters. | Information Sheet | FREE | Preview |
Employment equity through 2012 Category Employment Equity |
A reflection of Employment Equity through the cases published in 2012. | Information Sheet | R 200.00 | Preview |
Enforcement of CCMA awards and costs orders Category Disciplinary hearings |
It is the applicant’s duty to ensure that an award she has obtained from the CCMA is enforced. It is not an easy process to follow and to do so, an applicant has to follow the procedure prescribed in the CCMA rules. According to the LRA, the CCMA award is final and binding and may be made an order of the Labour Court if the other party fail to pay or reinstate. | Information Sheet | R 95.00 | Preview |
Entrapment and employees Category Disciplinary hearings |
An information sheet on the rights surrounding polygraph testing in the workplace. A useful guide when employers are potentially faced with misconduct or criminal activities such as misappropriation of property or theft. | Information Sheet | R 95.00 | Preview |
Equal pay for work of equal value Category Employment Equity |
Section 6 (4) of the Employment Equity Amendment Act of 2013 (EEAA) further allows for work of equal value for equal pay principle. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work, substantially the same work or work of equal value. | Information Sheet | R 130.00 | Preview |
Equal pay for work of equal value Category Employment Equity |
An information sheet considering the concept of 'work of equal value for equal pay'. According to the Employment Equity amendments, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar work (substantially) or work of equal value. | 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 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 |
Example of Index Category CCMA and B/councils |
An example of an index to be used in compilation of bundles of evidence and documents exchanged. | Information Sheet | R 110.00 | 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 |
Executive summary of EEA Category Employment Equity |
A template with an overview of the Employment Equity Act, No. 55 of 1998 (EEA) as amended. The Act details equality (the right to be treated equally) and equity (the right not to be discriminated against) rights which are protected in our Constitution. | Information Sheet | R 460.00 | Preview |
Explanatory memorandum on the EE Amendment Act Category Employment Equity |
The Employment Equity Act Amendments were finally enacted in 2013 and were approved in the National Assembly and National Council of Provinces late in 2013. The Act and the regulations 2014 were implemented on 1 August 2014. | Information Sheet | R 230.00 | Preview |
Fees Charged By The CCMA Category CCMA |
The new fees charged by the CCMA for services. | Information Sheet | FREE | Preview |
Filing cover Category CCMA and B/councils |
A filing sheet is used to present an affidavit for service or filing. | Information Sheet | R 110.00 | Preview |
Final or serious warning document Category Disciplinary hearings |
An information sheet detailing a serious or final written warning as the sanction handed down to a guilty employee. | Information Sheet | R 70.00 | Preview |
Form BCEA1A - Summary of the Act - English Category Labour related legislation |
Every employer in terms of section 30 of the Basic Conditions of Employment Act 75 of 1997 must keep a summary of the provisions of the BCEA. As published by the Department of Labour this is the Summary of the BCEA. | Information Sheet | FREE | Preview |
Form BCEA1A - Summary of the Act Reformatted Category Labour related legislation |
Every employer in terms of section 30 of the Basic Conditions of Employment Act 75 of 1997 must keep a summary of the provisions of the BCEA. As published by the Department of Labour this is the Summary of the BCEA. | Information Sheet | FREE | Preview |
Forms for Employment Equity Reports Category Codes of good practice and Regulations |
A document containing links to the Employment Equity Reports. | Information Sheet | FREE | Preview |
Fraud Category Spesific transgressions |
This might entail many things, such as clocking another employee’s clock card, misuse of company records or documents for fraudulent purposes, forging of a signature on a cheque or other document, falsifying medical certificates by changing the dates or changing information on documents to mislead another party or the employer. | Information Sheet | R 95.00 | Preview |
General conditions Annexure Category Employment agreements |
An information sheet of a typical employment contract setting out the terms of employment. | Information Sheet | R 430.00 | Preview |
General provisions of the EEA Category Employment Equity |
The employer must establish and maintain records in respect of his workforce, his employment equity plan and any other records relevant to compliance with the Employment Equity Act. This template provides details for the employer to comply by submitting an employment equity plan. | Information Sheet | R 360.00 | Preview |
Grievance form Category Grievances |
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. | Information Sheet | R 70.00 | Preview |
Grievance form Stage 1 Category Disciplinary hearings |
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. | Information Sheet | R 60.00 | Preview |
Grievance form Stage 2 Category Disciplinary hearings |
An information sheet detailing a typical form used when an employee has lodged a grievance and such is investigated and an outcome handed down to ensure fair labour practices within the workplace. | Information Sheet | R 60.00 | 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 |
How Does Section 198 Work - Flow Diagram Category Amendment acts |
How does section 198 and 198D work? Section 198 Applies to all TES employees earning above and below sec 6(3) | Information Sheet | R 75.00 | Preview |
How does section 198A work - flow diagram Category Amendment acts |
How does section 198A work - Section 198A Applies to TES employees (earns below sec 6(3) threshold) | Information Sheet | R 75.00 | Preview |
How does section 198B work - flow diagram Category Amendment acts |
How does section 198B work? Section 198B Applies to FIXED TERM employees (earns below sec 6(3) threshold) | Information Sheet | R 75.00 | Preview |
How does section 198C work - flow diagram Category Amendment acts |
How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) | Information Sheet | R 75.00 | Preview |
How to deal with Union misconduct – Part 1 Category Unions and collective bargaining |
An information sheet detailing liability of Union & Union official in the work place. Unions cannot escape the conduct of its members, officials and shop stewards and can be held liable for delictual damages due to the fault of the Union which caused a loss to the employer. | Information Sheet | R 650.00 | Preview |
How to draft an EE Plan Category Employment Equity |
In terms of the Employment Equity Act, as amended, a designated employer must prepare and implement and EE Plan which will achieve reasonable progress toward employment equity in the workplace. | Information Sheet | R 190.00 | Preview |
How to regulate annual leave and yearly shutdowns Category Basic Conditions of Employment |
An information sheet on forced leave during shut down/ seasonal closure. Many employers close down for the holiday season and businesses shut down or work skeleton staff. This sometimes give rise to conflict with employees. | Information Sheet | R 60.00 | Preview |
How to suspend employees Category Suspension |
An information sheet on the law surrounding suspension with pay, pending an investigation into an alleged misconduct, in order to prevent the employee from interfering with the investigation. | Information Sheet | R 150.00 | 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 |
Incapacity due to ill health and injury policy Category Policies |
The purpose of this policy is to create guidelines for the Company and the Employee to ensure fair and equitable treatment of the employee and to ensure that the employee is treated with dignity during the process of a medical incapacity hearing. Employees who are medically unfit cannot continue to perform in their current functions and the aim of this Policy is to seek solutions, of which dismissal for incapacity is the last resort. | Information Sheet | R 285.00 | Preview |
Incapacity due to ill health or injury Category Ill health |
In terms of the code, incapacity on the grounds of ill health or injury may be temporary or permanent. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. In cases of permanent incapacity, the employer should ascertain the possibility of securing alternative employment, or adapting the duties or work circumstances of the employee to accommodate the employee's disability. | Information Sheet | R 60.00 | Preview |
Insubordination Category Spesific transgressions |
Gross insubordination is of a serious nature and constitutes conduct which is a complete challenge to the authority of the employer. Any conduct by an employee that poses an unlawful and deliberate challenge to management authority. This would include a refusal to obey lawful and reasonable instructions, cheekiness, rudeness, any sort of rebellious behaviour against the authority of the employer. | Information Sheet | R 95.00 | Preview |
Intimidation Category Spesific transgressions |
Intimidation of other employees or third parties in the workplace is a very serious offence, but not always easy to prove, especially when the intimidation takes place during strike action. Intimidation can take place in various such as threats of violence, subtle threats of discipline or retaliation by a senior person, and can be verbal or physical. | Information Sheet | R 60.00 | Preview |
Introduction of the CCMA and related institutions Category CCMA and B/councils |
The Labour Relations Act codifies the law of unfair dismissals and unfair labour practices. This means that disputes about unfair dismissals and unfair labour practices can only be referred to certain institutions as is provided for by the LRA. Only the disputes as is defined by the Act could be referred to these institutions. The Act aims at an expedited dispute resolution process, involving conciliation and arbitration to settle most dismissal and unfair labour practice disputes. | Information Sheet | R 230.00 | Preview |
Job offer Category Employment agreements |
A contract executed in two parts in the form of an offer and acceptance. Completed together, the two documents comprise of a fully fledged contract of employment with a probationary term. | Information Sheet | R 150.00 | Preview |
Kennisgewing van dissiplinere verhoor Category Disciplinary hearings |
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) | Information Sheet | R 340.00 | Preview |
Labour inspectors Category Labour related legislation |
Labour inspectors must advise employees and employers on their rights and obligations in terms of employment laws. They conduct inspections, investigate complaints and may question persons and inspect, copy and remove records and other relevant documents. | Information Sheet | R 70.00 | Preview |
Legal aspects in recruitment and selection Category Recruitment and selection |
This information sheet details the law surrounding recruitment and case law surrounding aspects of affirmative action, a person's right to privacy, and general recruitment & interview related information for the workplace. | Information Sheet | R 300.00 | Preview |
Letter - Request for Arbitration Category CCMA and B/councils |
Letter to the CCMA requesting a case number to be allocated for arbitration. | Information Sheet | R 70.00 | Preview |
Letter to CCMA - Subpoenas Category CCMA and B/councils |
A letter to the CCMA requesting the Senior Convening Commissioner is to subpoena certain witnesses. | Information Sheet | R 70.00 | Preview |
Letter with subpoenas Category CCMA and B/councils |
An example of a letter sent to witnesses under a subpoena attaching the original subpoena and requesting their presence or securing the presence of certain documents specified in the subpoena. | Information Sheet | R 60.00 | Preview |
List of registered Bargaining Council Category Bargaining councils |
A list of Registered Bargaining Councils with ther contact details for August 2014 (information from Department of Labour) | Information Sheet | FREE | Preview |
List of regulations, codes and regulations of BCEA Category Basic Conditions of Employment |
Legislation - the basic conditions of employment act no 75 of 1997. (BCEA) | Information Sheet | FREE | Preview |
Master Document Manager Category Procedures |
A document for use by Human Resources in the management of files. | Information Sheet | R 70.00 | Preview |
Maternity Leave Category Basic Conditions of Employment |
The information sheet details the legislative rights and duties of an employer when dealing with pregnancy in the work place. In terms of section 25 of the BCEA, pregnant employees are entitled to at least 4 consecutive months of maternity leave. | Information Sheet | R 190.00 | Preview |
Medical incapacity flow chart Category Ill health |
A flow chart demonstrating the stages involved in a medical incapacity enquiry. | Information Sheet | R 70.00 | Preview |
Misconduct - Sexual harassment .PDF Category Disciplinary hearings |
Sexual harassment in the working environment is a form of unfair discrimination and is prohibited in terms of the Employment Equity Act (EEA) – section 6. Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace. | Information Sheet | R 150.00 | Preview |
Misconduct Incident Investigation Diary Category Disciplinary hearings |
A form to be used by an investigating officer in suspected cases of misconduct. | Information Sheet | R 110.00 | Preview |
Negligence in Performing Duties Category Spesific transgressions |
Employers should make sure that, when charging an employee for negligence or poor work performance, that it is confident that the evidence supports that the act is misconduct and not incapacity. Misconduct means the employee can do the job, but failed to do so for a negligent or intentional reason. Incapacity means the employee cannot perform the functions for various reasons relating to her ability to do so. | Information Sheet | R 95.00 | Preview |
New CCMA Rules 2015 Category CCMA |
The New Rules by the CCMA (17 March 2015) as published by the Government Gazette (Large Document - 2.4 MB / 48 Pages) | Information Sheet | FREE | 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 motion postponement Category CCMA and B/councils |
An information sheet of a notice of motion requesting a postponement of a matter. | Information Sheet | R 110.00 | Preview |
Notice to attend a disiplinary enquiry Category Disciplinary hearings |
A notice to attend a disciplinary enquiry. | Information Sheet | R 110.00 | Preview |
Notice to Oppose Category Disciplinary hearings |
A notice to oppose in the CCMA is important to ensure that the CCMA is aware that the matter will be defended and it provides an address for service of all notices and proceedings in the matter. | Information Sheet | R 110.00 | 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 |
Objection con arb letter Category CCMA and B/councils |
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This document is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. | Information Sheet | R 70.00 | Preview |
Objection con-arb Formal Category CCMA and B/councils |
An objecting to a combination of conciliation and arbitration. Con-Arb means that the same commissioner will attempt to reach conciliation, and if this is unsuccessful will immediately commence the arbitration process. This letter is used in complex matters where the case warrants greater preparation, exchange of bundles and more time needed. | Information Sheet | R 110.00 | Preview |
Operational requirements v cultural rights and sangoma Category Case Studies |
An article discussing Kievits Kroon Country Estate (Pty) Ltd v CCMA (LC) - the impact of the right to cultural practices and freedom of expression and how it inter-relates with the work place. | Information Sheet | R 110.00 | Preview |
Organisational rights and the right to bargain Category Unions and collective bargaining |
Employers and unions alike sometimes confuse the organisational rights granted by the Labour Relations Act based on the level of representation of the union and the right to bargain. The union may, wrongly, think it is entitled to bargain with the employer once it reached majority status. Certain rights are afforded to the sufficiently representative union and to the majority union. Section 11 to 16 of the LRA deals with the organisational rights afforded to unions. Section 12, 13 and 15 allow the sufficiently representative union to have access to the workplace, its subscription levies deducted and time off for its officials. Once majority status is achieved, the union becomes entitled to appoint union representatives and to access of information in terms of section 14 and 16. | Information Sheet | R 95.00 | Preview |
People With Disabilities - As Defined By The EEA Category Employment Equity |
People with disabilities are defined as people with long-term or recurring physical or mental impairment, which substantially limits their prospect of entry into or advancement in employment. This is a two tier requirement and the second part should always be considered as not all disabilities will qualify under the EEA. | Information Sheet | R 165.00 | Preview |
Performance assessment for poor performance Category Poor Performance |
The stages of assessment in instances of poor performance - these stages must be strictly adhered to in order to ensure procedural fairness. | Information Sheet | R 380.00 | Preview |
Policy on Religious Holy Days Activities Category Policies |
An information sheet to give an example of a policy whereby employers can react in a consistent, equitable and fair manner when requests are received from employees for leave to partake in religious or holy days and related activities or cultural activities. | Information Sheet | R 190.00 | Preview |
Policy The managing of poor performance Category Policies |
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. | Information Sheet | R 410.00 | Preview |
Polygraph testing in the employment environment - 1 Category Polygraph testing |
The probative value of Polygraph testing is discussed. | Information Sheet | R 95.00 | Preview |
Polygraph testing in the employment environment - 2 Category Polygraph testing |
The probative value of Polygraph testing is discussed. | Information Sheet | R 95.00 | Preview |
Polygraphs and the test of fairness Category Polygraph testing |
The probative value of Polygraph testing is discussed as well as a discussion through case law regarding the great controversy in respect of polygraph testing lies in the different views of experts about the accuracy of the test. | Information Sheet | R 215.00 | Preview |
Poor Performance Improvement Programme Category Disciplinary hearings |
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. | Information Sheet | R 130.00 | Preview |
Poor performance policy Category Policies |
The main aim of this policy is to assist managers, Human Resources and employees in the prevention of and the effective management of poor performance. This policy ensures that poor performance is not dealt with as misconduct but as incapacity. Managers must ensure that they, when applying this policy, are not dealing with misconduct. | Information Sheet | R 360.00 | Preview |
POPI Example Clause Category Employment agreements |
This is an example of a POPI clause which may be used in an employment contract, This is only an example clause and should be adapted in accordance with your existing employment contract and policies. - should you require assistance, please use our "Ask an Expert" function. | Information Sheet | R 95.00 | Preview |
POPIA Toolkit - Flow diagram for data retention Category Toolkit |
POPIA Toolkit - Flow diagram for private information retention - policy & practices | Information Sheet | R 75.00 | Preview |
POPIA Toolkit - Incident management process Category Toolkit |
POPIA Tool Kit - Private Data Breach & Incident management standard procedure | Information Sheet | R 495.00 | Preview |
Pre arbitration minutes Category CCMA and B/councils |
A pre- Arbitration minute serves to narrow the issues in dispute between parties; set out common-cause facts. It is also an agreement on the practical running of the arbitration. | Information Sheet | R 150.00 | Preview |
Pre dismissal arbitration Category Discipline |
Section 188A regulates a pre-dismissal arbitration process. This process is held through the CCMA or bargaining council and should be used only in regard to high level employees. | Information Sheet | R 110.00 | Preview |
Pre-dismissal Arbitration Agreement Category CCMA and B/councils |
Section 188A of the LRA creates the pre-dismissal arbitration process. Parties in terms of section 188A must consent to a pre-arbitration process. This agreement serves as an example. | Information Sheet | R 70.00 | Preview |
Preparation for arbitration Category Settlement agreements |
This paper details how an employer should approach a referral to arbitration. It provides information surrounding preparation; time lines and what to expect. | Information Sheet | R 415.00 | Preview |
Preparation for arbitration Category CCMA and B/councils |
An information sheet on the procedures and processes of an arbitration at the CCMA/ Bargaining council and what an employer can expect in order to adequately prepare. | Information Sheet | R 415.00 | 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 |
Probation Evaluation Category Probation |
A form placing an employee on probation. During the probationary period, the employee’s performance will be assessed on a weekly/monthly basis. The employee will be given a reasonable evaluation, instructions, training, guidance or counseling, as the circumstances may require, in order to allow the employee to render a satisfactory service. | Information Sheet | R 150.00 | Preview |
Promotion, a right or a privilege Category Unfair labour practices |
Section 186(2) determines that an "unfair labour practice" is any unfair act or omission by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. This paper discusses the law on promotions. | Information Sheet | R 110.00 | Preview |
Recissions Category CCMA and B/councils |
The variation or rescission of arbitration awards or rulings (a ruling is made by a Commissioner if it has the effect of a final order) should be done by way of an application, within 14 days of the date on which the applicant became aware of the arbitration award or ruling or became aware of the mistake common to the parties to the proceedings. | Information Sheet | 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 |
Recruitment Policy Category Policies |
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a Company. | Information Sheet | R 255.00 | Preview |
Recruitment Policy with no HR department Category Policies |
The purpose of this policy is to provide fair and consistent guidelines for implementation of best recruitment practices in a small company with no Human Resources department. | Information Sheet | R 310.00 | Preview |
Registered Employer Organisations Category Employer's organisations |
A list of Registered Employer Organisations with ther contact details for August 2014 (by the Department of Labour) | Information Sheet | FREE | Preview |
Registered Trade Unions Category Trade Unions |
A list of all the registered Trade Unions in South Africa with contact details and other information for Oktober 2014 | Information Sheet | FREE | Preview |
Regulation of Leave – Chapter 3 Category Basic Conditions of Employment |
An explanation of the statutory requirements for leave as set out in the BCEA. | Information Sheet | R 190.00 | Preview |
Regulation of Work time - Chapter 2 Category Basic Conditions of Employment |
Work time must be regulated taking into consideration the health and safety of the employees and the code of good practice on regulation of work time and the family responsibilities of employees. | Information Sheet | R 110.00 | Preview |
Religious and Gender Discrimination Category Case Studies |
An article considering the balancing of rights between the work place rules set down by an employer and the effect they may have on discriminating unfairly against an employees right to religious and cultural expression. | Information Sheet | R 205.00 | Preview |
Requirments of the Polygraphist when testifying in the Court and the CCMA Category CCMA and B/councils |
Polygraph examiners have widely been accepted as expert witnesses whose evidence needs to be tested for its probative value and reliability, when testifying in court or the CCMA. Therefore the Polygraph examiners should be called to testify as an expert witness during the disciplinary hearing, the CCMA arbitration or the Labour Court. | Information Sheet | R 230.00 | Preview |
Rescissions Category Reviews and Rescission |
Section 144 of the LRA governs the limited grounds when a party to an award may rescind that award. Section 32 of the CCMA rules gives affect to section 144. The article discusses what one has to prove to sustain a successful rescission application. | Information Sheet | R 95.00 | 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 |
Retrenchment and measures how to avoid retrenchment Category Retrenchments |
Retrenchment is nothing but a dismissal for operational reasons, which can include a variety of reasons such as the financial decline of a business, an employer deciding to increase profits of his business or a part thereof, the introduction of new technology that results in a decline in positions or structural changes such as the transfer of a part of the business of the employer. Retrenchment is one of the three reasons accepted in the South African labour law to dismiss an employee. Retrenchment is also known as a "no fault dismissal". Due to the fact that it is in essence still a dismissal, the requirement of "fair labour practices" still applies. | Information Sheet | R 95.00 | Preview |
Rights and interest disputes Category CCMA and B/councils |
A dispute of right constitutes a legal claim to which a party to the employment relationship is entitled. This entitlement is constituted by virtue of the employment contract, a collective agreement, a statute or even common law. An interest dispute involves a claim by a party which relates to something new, therefore something that party is entitled to yet. | Information Sheet | R 230.00 | 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 |
Schedule 8 of the LRA Category Codes of good practice |
The code of good practice on dismissal is a code which provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. | Information Sheet | R 255.00 | Preview |
Schedule Four to the BCEA Category Basic Conditions of Employment |
List of acts repealed by the enactment of the Basic Conditions of Employment Act No 75 of 1997. | Information Sheet | FREE | Preview |
Schedule One of the BCEA Category Basic Conditions of Employment |
This Schedule records the procedures to be adopted to reduce the working hours of employees to the goal of a 40 hour working week and an eight hour working day. | Information Sheet | R 70.00 | Preview |
Schedule Three to the BCEA Category Basic Conditions of Employment |
Schedule 3 of the Basic Conditions of Employment Act was published by the Minister of Labour to assist in the transitional period of the initial enactment of the Act to ensure gradual compliance to its terms. | Information Sheet | FREE | Preview |
Schedule Two to the BCEA Category Basic Conditions of Employment |
This Schedule sets out the maximum fine that may be imposed in terms of Chapter Ten for a failure to comply with a provision of this BCEA. | Information Sheet | R 70.00 | Preview |
Sectoral Determinations – Section 51 - 58 Category Basic Conditions of Employment |
A sectoral determination is made in terms of the Basic Conditions of Employment Act. It determines the terms and conditions of employment for employees in that particular sector for which it is made. The determination is made by the minister of Labour and promulgated in the Government Gazette. Some of the sectoral determinations are amended on a yearly basis, for instance, the basic wage payable in that specific sector. | Information Sheet | R 70.00 | Preview |
Settlement Agreement - Formal Category Settlement agreements |
A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration. | Information Sheet | R 255.00 | Preview |
Settlement Agreement Afrikaans Category Settlement agreements |
An agreement to settle a dispute. | Information Sheet | R 150.00 | Preview |
Settlement Agreement Short Category Settlement agreements |
An agreement to settle a dispute. | Information Sheet | R 205.00 | Preview |
Signing away retrenchments Category Retrenchments |
Signing a voluntary retrenchment agreement essentially amounts to a waiver of an employee’s rights in terms of the Labour Relations Act No. 66 of 1995 (“LRA”). An employee who validly agrees to the termination of his employment contract cannot be said to have been ‘dismissed’ and can therefore not refer an unfair dismissal dispute to the CCMA or the Labour Court. | Information Sheet | R 60.00 | Preview |
Smoking policy for Employer [Company Pty Ltd] generic KKH no comments Category Policies |
This is an editable example of a smoking policy for the employer | Information Sheet | R 200.00 | Preview |
Standard of conduct Category Procedures |
Disciplinary rules establish the standard of conduct required of an employee. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer's business. | Information Sheet | R 110.00 | Preview |
Summary of the BCEA Category Labour related legislation |
A summary of the pertinent provisions of the Basic Conditions of Employment Act No 75 of 1997. | Information Sheet | R 150.00 | Preview |
Summary of the employment Equity Regulation R595 of GG 37873 of 1 August 2014 Category Employment Equity |
This regulation repealed the previous regulations of 2009. The regulations define work of equal value, duties of the designated employer, enforcement mechanisms and general administrative matters. | Information Sheet | R 285.00 | Preview |
Suspension as alternative Category Suspension |
An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. | Information Sheet | R 70.00 | Preview |
Suspension letter IS Category Disciplinary hearings |
SUSPENSION OF SERVICE PENDING AN INVESTIGATION INTO ALLEGED MISCONDUCT | Information Sheet | R 95.00 | Preview |
Template for Index Category Disciplinary hearings |
A template of an index. | Information Sheet | R 95.00 | Preview |
Termination and payments on termination of service Category Basic Conditions of Employment |
Payment on termination is regulated by the Basic Conditions of Employment Act, 1997 (No. 75 of 1997) Chapter Five: Termination of employment. This section does not apply to employees who work less than 24 hours per month. Section 37 deals with notice of termination of employment. In terms of this section, (subject to section 38), a contract of employment terminable at the instance of a party to the contract, may be terminated only on notice of not less than one week, if the employee has been employed for six months or less; two weeks, if the employee has been employed for more than six months but not more than one year or four weeks, if the employee has been employed for one year or more; or is a farm worker or domestic worker who has been employed for more than six months. | Information Sheet | R 165.00 | Preview |
The analysis process Category Unions and collective bargaining |
Conducting an analysis and collecting information from employees are the duties of the Designated employer. | Information Sheet | R 190.00 | Preview |
The CCMA and the role of the trust relationship Category Discipline |
When referring a claim to the CCMA, one of the first and most crucial decisions that need to be made by the employee is exactly what remedy he or she wants and what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining council? Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. | Information Sheet | R 95.00 | 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 effect of theft in the workplace Category Disciplinary hearings |
Every employer will probably, at some stage or another, be faced with theft in its workplace. Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty destroys the trust between employers and employees. | Information Sheet | R 110.00 | Preview |
The POPI Act explained p34 Category Labour related legislation |
The POPI Act explained | Information Sheet | R 195.00 | 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 |
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 |
The role of the Union Representative Category Case Studies |
The role of union representatives are investigated. They are entitled by virtue of the EEA to represent employees on the EEC. The EEA clearly allows for representation and the employer must consult on the subject of EE with the union. All representative unions must be allowed. | Information Sheet | R 150.00 | Preview |
Trade unions - How to deal with power play Category Unions and collective bargaining |
A trade union is in essence an association of employees with its principal purpose to regulate relations between the employer and the employees on matters of mutual interest. This includes collective-bargaining, dispute resolution, the representation in disputes and effectively working together in achieving labour peace in the workplace and increasing employee participation in workplace matters. | Information Sheet | R 95.00 | Preview |
Unfair Discrimination Against Transsexuals Category Case Studies |
Unfair discrimination in the work place is placed under the microscope considering the case of Atkins / Datacentrix (Pty) Ltd. The rejection of the arguments presented by this employer confirms the fact that unfair discrimination based on gender and sexual orientation will not be tolerated by our courts. | Information Sheet | R 110.00 | Preview |
Unfair dismissal Category Dismissal |
The code of good practice on dismissal is a vitally important document in the Labour Relations Act, which should be studied by any party referring or defending a dispute in the CCMA or a council relating to dismissal and incapacity cases. It provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. | Information Sheet | R 360.00 | Preview |
Verbal warning Category Disciplinary hearings |
A type of sanction for misconduct - a record of a verbal warning. | Information Sheet | R 110.00 | Preview |
Versameling van kennisgewings van dissiplinere prosses Category Disciplinary hearings |
Notification of a disciplinary hearing. | Information Sheet | R 360.00 | Preview |
Voorbeeld van opskorting Category Disciplinary hearings |
Opskorting van dienste hangende ‘n ondersoek na beweerde onreëlmatighede. | Information Sheet | R 70.00 | Preview |
Vulnerable employees - Part time employment Category Vulnerable employees |
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | R 95.00 | Preview |
Vulnerable employees - Temporary employment Category Vulnerable employees |
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | R 95.00 | Preview |
Vulnerable employees - Temporary employment Services Category Vulnerable employees |
"TES" workers or Temporary Employment Service employees are one of the most vulnerable types of workers as they have very limited protection afforded to them under the LRA. The proposed amendments seek to change this and provide greater protection. | Information Sheet | R 130.00 | Preview |
Wasting time or idling Category Spesific transgressions |
This is getting more and more a problem for employers where employees are spending their work time on social media sites or on their phones or play on the internet or watch pornography over the internet in work time. Another example is employees taking extended breaks such as lunch breaks, tea breaks or smoke breaks, gossiping at other’s work stations. | Information Sheet | R 95.00 | Preview |
What is the CCMA Category CCMA and B/councils |
The CCMA is set up as an independent jurisdiction person. It has jurisdiction in all the provinces in the Republic and has established provincial offices in all the Provinces. | Information Sheet | R 95.00 | Preview |
Written warning Category Disciplinary hearings |
A type of sanction - a written warning. | Information Sheet | R 95.00 | Preview |
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