About this product
All HR practitioners and employers have the need for updated and "at their fingertips" labour and employment guidelines and templates. Labour in the box was spesifically designed to cater for the day to day requirements any employer, no matter how big or small, needs and consists of a library of documents, information sheets, templates and forms applicable to the processes, and management of employment and labour law.
The cost of subscription allows the purchaser access to all the documents, videos and templates for one calendar year after purchase.
Why you should buy this product.
This product solves your need for updated and easily accesible information sheets, templates and examples for the manager or HR practitioner who does not have time to sit and Google documents for hours. The examples, information sheets and templates gives you the easy, prompt and professional edge in labour that you need to go about your business in a professional way.
Content
Labour in a box consists of information sheets, templates and examples, explaining a vast array of topics such as the day to day running of HR matters, collective and individual labour law such as disciplinary hearings, misconduct, incapacity, grievances, abuse of sick leave, dispute resolution, retrenchments, CCMA and Bargaining Council processes arbitrations, conciliations, settlement agreements, disputes, strike action and many more. Full access for 1 year
Included in this Product
Documents (291)Includes documents, templates, examples and information sheets
| Title | Description | Type | Actions |
|---|---|---|---|
| Absenteeism and how to manage it | Identifying the different types of absenteeism and how to manage it. | Information Sheet | Preview |
| Affidavit in opposition to condonation application | How to oppose an application for condonation in terms of rule 9 of the CCMA rules, of any referral document or application delivered outside of the applicable time periods as set by the CCMA rules | Template | Preview |
| Affidavit in support of rescission - pdf | Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings. | Information Sheet | Preview |
| Affidavit in support of rescission | Section 144 of the LRA - Dealing with variation and rescission of arbitration awards and rulings. | Template | Preview |
| Affidavit section 142A of the LRA - pdf | Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA | Information Sheet | Preview |
| Affidavit section 142A of the LRA | Making a settlement agreement an arbitration award of any dispute that has been referred to the CCMA | Template | Preview |
| Appeal form - Disciplinary hearing | A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Information Sheet | Preview |
| Appeal form - Disciplinary hearing | A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry | Template | Preview |
| Appeal ruling - Disciplinary hearing | The ruling and reasons for the decision given by the chairman of an appeal hearing. | Information Sheet | Preview |
| Appeal ruling - Disciplinary hearing | The ruling and reasons for the decision given by the chairman of an appeal hearing. | Template | Preview |
| Application for postponement of arbitration in the CCMA | Rule 31 - Application to postpone an arbitration in the CCMA | Information Sheet | Preview |
| Argument on points in limine in CCMA arbitrations | 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 | Preview |
| Argument on points in limine in CCMA arbitrations | A rule 31 application to the CCMA to decide on interlocutory applications or technical points raised by a party in the CCMA arbitration. | Template | Preview |
| Automatic Unfair Dismissals | 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 | Preview |
| Cases dealing with discipline | A collection of court cases dealing with disciplinary hearings. | Information Sheet | Preview |
| Check list of Disciplinary Enquiry | A check list to assist the complainant or initiator during the investigation of misconduct. | Information Sheet | Preview |
| Check list of Disciplinary enquiry | A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. | Template | Preview |
| Notices for the disciplinary process | 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 | Preview |
| Comprehensive introduction to EEA | A comprehensive introduction to the inner workings of the Employment Equity Act (as Amended). | Information Sheet | Preview |
| Confirmationary affidavit | 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 | Preview |
| Confirmationary affidavit | A confirmatory affidavit serves to confirm the version stated in the main application in so far as it relates to the person confirming. | Template | Preview |
| Deduction from salary - Section 34 | An article discussing section 34 of the BCEA which regulates deductions from remuneration for loss or damage caused to an employer. | Information Sheet | Preview |
| Defining the employment relationship | An article discussing the definition of an employee and how the definition of the employment relationship has been interpreted by the courts. | Information Sheet | Preview |
| Disciplinary chairperson’s guide | A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. | Information Sheet | Preview |
| Disciplinary hearing sanction form | An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | Preview |
| Disciplinary sanction form - Dismissal | A form to be used by a Chairperson of a disciplinary hearing when dismissing an employee. | Information Sheet | Preview |
| Discussion paper - Recruitment and 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 | Preview |
| Dispute procedures and path in terms of the LRA | 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 | Preview |
| Disputes about unfair dismissals | 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 | Preview |
| Does the managerial prerogative still apply during the recruitment process | 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 | Preview |
| Employment equity through 2012 | A reflection of Employment Equity through the cases published in 2012. | Information Sheet | Preview |
| Entrapment and employees | 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 | Preview |
| Example of a closing statement | 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 | Preview |
| Example of a closing statement | 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 | Preview |
| Example of a witness statement | 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 | Preview |
| Example of an opening statement | An information sheet outlining a typical opening statement used at the commencement of a hearing. | Information Sheet | Preview |
| Example of charges in terms of disciplinary code | An information sheeting detailing a typical list of charges or transgressions. | Information Sheet | Preview |
| Example of charges with no disciplinary code | an information sheet detailing the charges or transgressions of an employee. | Information Sheet | Preview |
| Example of incident diary | A template of an incident diary to be used by the investigator in their investigation into a transgression by an employee. | Template | Preview |
| Example of Index | An example of an index to be used in compilation of bundles of evidence and documents exchanged. | Information Sheet | Preview |
| Example of Index | Template of an index to be used in proceedings. | Template | Preview |
| Example of leading a witness to give evidence | This information sheet provides information regarding the presenting evidence in chief at a hearing. | Information Sheet | Preview |
| Filing cover | A filing sheet is used to present an affidavit for service or filing. | Information Sheet | Preview |
| Filing cover | A template of a filing sheet, which is a cover for an affidavit for presentation via service or filing. | Template | Preview |
| Final or serious warning document | An information sheet detailing a serious or final written warning as the sanction handed down to a guilty employee. | Information Sheet | Preview |
| Final or serious warning document | A template detailing the sanction of a final written warning. | Template | Preview |
| Form BCEA1A - Summary of the Act - English | 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 | Preview |
| Form BCEA1A - Summary of the Act Reformatted | 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 | Preview |
| General conditions Annexure | An information sheet of a typical employment contract setting out the terms of employment. | Information Sheet | Preview |
| General conditions Annexure | A template of a typical employment contract for employees setting out the terms and conditions of employment. | Template | Preview |
| Grievance form | 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 | Preview |
| Guide to Chairman - Deciding on sanctions | 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 | Preview |
| How to deal with Union misconduct – Part 1 | 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 | Preview |
| How to suspend employees | 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 | Preview |
| Imprisoned employees and other cases | 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 | Preview |
| Incapacity due to ill health and injury policy | 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 | Preview |
| Incapacity due to ill health and injury policy | 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. | Template | Preview |
| Introduction of the CCMA and related institutions | 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 | Preview |
| Job offer | 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 | Preview |
| Job offer | 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. | Template | Preview |
| Kennisgewing van dissiplinere verhoor | A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) | Information Sheet | Preview |
| Kennisgewing van dissiplinere verhoor | A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) | Template | Preview |
| Labour inspectors | 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 | Preview |
| Letter - Request for Arbitration | A letter to the CCMA requesting a certificate of outcome. | Template | Preview |
| Letter to CCMA - Subpoenas | A letter to the CCMA requesting the Senior Convening Commissioner is to subpoena certain witnesses. | Information Sheet | Preview |
| Master Document Manager | A document for use by Human Resources in the management of files. | Information Sheet | Preview |
| Maternity Leave | 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 | Preview |
| Misconduct Incident Investigation Diary | A form to be used by an investigating officer in suspected cases of misconduct. | Information Sheet | Preview |
| Misconduct Incident Investigation Diary | A template to be used by an investigating officer in a case of misconduct. | Template | Preview |
| Notice of motion postponement | An information sheet of a notice of motion requesting a postponement of a matter. | Information Sheet | Preview |
| Notice of motion postponement | An information sheet of a notice of motion requesting a postponement of a matter. | Template | Preview |
| Notice to attend a disiplinary enquiry | A notice to attend a disciplinary enquiry. | Information Sheet | Preview |
| Notice to Attend Dissiplinary Hearing Simple | A notice to attend a disciplinary enquiry. | Template | Preview |
| Notice to Oppose | 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 | Preview |
| Notice to Oppose | 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. | Template | Preview |
| Objection con arb letter | 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 | Preview |
| Objection con-arb Formal | 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. | Template | Preview |
| Objection con-arb Formal | 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 | Preview |
| Pre-dismissal Arbitration Agreement | 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 | Preview |
| Pre-dismissal Arbitration Agreement | 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. | Template | Preview |
| Preparation for arbitration | 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 | Preview |
| Pre arbitration minutes | 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 | Preview |
| Pre arbitration minutes | A pre-arbitration minute is used by parties to an arbitration to limit the issues in dispute; identify the common cause facts and come to agreement on the process of the arbitration. | Template | Preview |
| Pre dismissal arbitration | 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 | Preview |
| Preparation for arbitration | 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 | Preview |
| Presenting or defending your case | 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 | Preview |
| Promotion, a right or a privilege | 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 | Preview |
| Recissions | 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 | Preview |
| Record of councilling prior to a disciplinary hearing | A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Template | Preview |
| Record of counselling prior to a disciplinary hearing | A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. | Information Sheet | Preview |
| Registered Employer Organisations | A list of Registered Employer Organisations with ther contact details for August 2014 (by the Department of Labour) | Information Sheet | Preview |
| Regulation of Leave – Chapter 3 | An explanation of the statutory requirements for leave as set out in the BCEA. | Information Sheet | Preview |
| Regulation of Work time - Chapter 2 | 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 | Preview |
| Requirments of the Polygraphist when testifying in the Court and the CCMA | 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 | Preview |
| Rights and interest disputes | 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 | Preview |
| Schedule 8 of the LRA | 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 | Preview |
| Schedule Four to the BCEA | List of acts repealed by the enactment of the Basic Conditions of Employment Act No 75 of 1997. | Information Sheet | Preview |
| Schedule One of the BCEA | 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 | Preview |
| Schedule Three to the BCEA | 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 | Preview |
| Schedule Two to the BCEA | 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 | Preview |
| Sectoral Determinations – Section 51 - 58 | 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 | Preview |
| Settlement Agreement - Formal | 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 | Preview |
| Settlement Agreement - Formal | A settlement agreement is concluded when the parties negotiate an amicable 'clean-break' and the matter does not need to proceed to arbitration. | Template | Preview |
| Settlement Agreement Afrikaans | An agreement to settle a dispute. | Information Sheet | Preview |
| Settlement Agreement Short | An agreement to settle a dispute. | Information Sheet | Preview |
| Settlement Agreement Short | An agreement to settle a dispute. | Template | Preview |
| Standard of conduct | 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 | Preview |
| Summary of the BCEA | A summary of the pertinent provisions of the Basic Conditions of Employment Act No 75 of 1997. | Information Sheet | Preview |
| Suspension as alternative | An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. | Information Sheet | Preview |
| Suspension as alternative | An alternative sanction rather than a dismissal is to suspend the employee without pay for a time period. | Template | Preview |
| The conduct of the chairperson in 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 | Preview |
| The effect of theft in the workplace | 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 | Preview |
| The requirements for a fair disciplinary hearing | 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 | Preview |
| Unfair 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 | Preview |
| Verbal warning | A type of sanction for misconduct - a record of a verbal warning. | Information Sheet | Preview |
| Verbal warning | A template of a record of a verbal written warning. | Template | Preview |
| Versameling van kennisgewings van dissiplinere prosses | Notification of a disciplinary hearing. | Information Sheet | Preview |
| Versameling van kennisgewings van dissiplinere prosses | Notification of s disciplinary hearing. | Template | Preview |
| Voorbeeld van opskorting | Opskorting van dienste hangende ‘n ondersoek na beweerde onreëlmatighede. | Information Sheet | Preview |
| Voorbeeld van opskorting | Opskorting van dienste hangende ‘n ondersoek na beweerde onreëlmatighede. | Template | Preview |
| What is the CCMA | 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 | Preview |
| Written warning | A type of sanction - a written warning. | Information Sheet | Preview |
| Written Warning | A type of sanction - a written warning. | Template | Preview |
| Disciplinary Hearing - Sanction | An example of a sanction form to be used by the chairperson of a disciplinary hearing. | Information Sheet | Preview |
| Affidavit in opposition to condonation application - pdf | 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 | Preview |
| Agency and Closed Shop Agreements - pdf | 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 | Preview |
| Agenda for section 21 meeting | Agenda points for a Section 21 meeting | Information Sheet | Preview |
| Application for postponement of arbitration in the CCMA | Application for postponement of arbitration in the CCMA | Template | Preview |
| Settlement Agreement Afrikaans | An agreement to settle a dispute. | Template | Preview |
| Application for leave | A detailed application for leave | Information Sheet | Preview |
| Case law for 2012 | A summary of pertinent case law for 2012. | Information Sheet | Preview |
| Case law for 2012 | A summary of pertinent case law for 2012. | Template | Preview |
| Case law update on cultural rights | 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 | Preview |
| Duties of the Designated Employer | 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 | Preview |
| Duties of the Designated Employer | 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. | Template | Preview |
| EE Member Appointment Letter | 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 | Preview |
| EE Member Appointment Letter | 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. | Template | Preview |
| EE newsletter #1 | 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 | Preview |
| EE newsletter #1 | 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. | Template | Preview |
| EE Questionaire employees | 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 | Preview |
| EE Questionaire employees | 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. | Template | Preview |
| EEC Constitution | 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 | Preview |
| EEC Constitution | 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. | Template | Preview |
| EEC minutes | Meeting minute template for the Employment Equity Committee. | Information Sheet | Preview |
| EEC minutes | Meeting minute template for the Employment Equity Committee. | Template | Preview |
| EEC questionaire | 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 | Preview |
| EEC questionaire | This check list is designed as part of the analysis conducted by the employer in order to prepare an employment equity plan and report. | Template | Preview |
| EEF Agenda #1 | An employment equity forum template to be used as a guide for discussions and meetings. | Template | Preview |
| EEF Agenda #2 | An employment equity forum template to be used as a guide for discussions and meetings. | Template | Preview |
| EEF Agenda #3 | An employment equity forum template to be used as a guide for discussions and meetings. | Template | Preview |
| EEF Agenda #4 | An employment equity forum template to be used as a guide for discussions and meetings. | Template | Preview |
| EEF Agenda #5 | An employment equity forum template to be used as a guide for discussions and meetings. | Template | Preview |
| Equal pay for work of equal value | 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 | Preview |
| Equal pay for work of equal value | 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. | Template | Preview |
| Executive summary of EEA | 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. | Template | Preview |
| Executive summary of EEA | 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 | Preview |
| Explanatory memorandum on the EE Amendment Act | 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 | Preview |
| Explanatory memorandum on the EE Amendment Act | A document detailing the amendments of the Employment Equity Act. These 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. | Template | Preview |
| Forms for Employment Equity Reports | A document containing links to the Employment Equity Reports. | Information Sheet | Preview |
| General provisions of the EEA | 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. | Template | Preview |
| General provisions of the EEA | 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 | Preview |
| How to draft an EE Plan | 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 | Preview |
| How to draft an EE Plan | 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. | Template | Preview |
| Medical incapacity flow chart | A flow chart demonstrating the stages involved in a medical incapacity enquiry. | Information Sheet | Preview |
| Medical incapacity flow chart | A flow chart demonstrating the stages involved in a medical incapacity enquiry | Template | Preview |
| Misconduct - Sexual harassment .PDF | 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 | Preview |
| Misconduct - Sexual harassment | 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. | Template | Preview |
| Notice of disciplinary hearing form | 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 | Preview |
| Notice of disciplinary hearing form | 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 | Preview |
| Operational requirements v cultural rights and sangoma | 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 | Preview |
| Operational requirements v cultural rights and sangoma | 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. | Template | Preview |
| Performance assessment for 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 | Preview |
| Performance assessment for poor performance | The stages of assessment in instances of poor performance - these stages must be strictly adhered to in order to ensure procedural fairness. | Template | Preview |
| Probation Evaluation | 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 | Preview |
| Religious and Gender Discrimination | 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 | Preview |
| Religious and Gender Discrimination | 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. | Template | Preview |
| Summary of the employment Equity Regulation R595 of GG 37873 of 1 August 2014 | 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. | Template | Preview |
| Summary of the employment Equity Regulation R595 of GG 37873 of 1 August 2014 | 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 | Preview |
| The analysis process | Conducting an analysis and collecting information from employees are the duties of the Designated employer. | Template | Preview |
| The analysis process | Conducting an analysis and collecting information from employees are the duties of the Designated employer. | Information Sheet | Preview |
| The role of the Union Representative | 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 | Preview |
| The role of the Union Representative | 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. | Template | Preview |
| Unfair Discrimination Against Transsexuals | 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 | Preview |
| Unfair Discrimination Against Transsexuals | 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. | Template | Preview |
| Checklist Section 197 of Labour Relations Act | 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 | Preview |
| Polygraphs and the test of fairness | 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 | Preview |
| Polygraphs and the test of fairness | 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. | Template | Preview |
| Polygraph testing in the employment environment - 1 | The probative value of Polygraph testing is discussed. | Information Sheet | Preview |
| Polygraph testing in the employment environment - 1 | The probative value of Polygraph testing is discussed. | Template | Preview |
| Polygraph testing in the employment environment - 2 | The probative value of Polygraph testing is discussed. | Information Sheet | Preview |
| Polygraph testing in the employment environment - 2 | The probative value of Polygraph testing is discussed. | Template | Preview |
| Can a union be held liable for damages during protest actions | An article discussing the liability of a trade union for damages caused to the public during protest actions. | Information Sheet | Preview |
| Collective and derivative misconduct | An article discussing collective misconduct by employees and the situation were the misconduct of the employee is derived from the conduct of another. | Articles | Preview |
| Constructive Dismissals - a difficult case to prove | An article discussing requirements to be proven when alleging constructive dismissal by an employer. | Information Sheet | Preview |
| Do you have the right to withdraw a resignation | 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 | Preview |
| Does the managerial prerogative still apply during the recruitment process | 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 | Preview |
| Entrapment and employees | 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. | Articles | Preview |
| Fixed Term Agreements | An article detailing case law and the controversy surrounding automatic renewal and legitimate expectations of renewal of fixed term agreements. | Articles | Preview |
| How to deal with Union misconduct - Part 2 | Part 2. An information sheet detailing what protection unions and employees have in terms of labour legislation and their liability, if any, in the event of protected or unprotected strike action. | Articles | Preview |
| How to regulate annual leave and yearly shutdowns | 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 | Preview |
| Legal aspects in 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 | Preview |
| Organisational rights and the right to bargain | 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 | Preview |
| Promotion, a right or a privilege | 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. | Articles | Preview |
| Reasonable expectation of renewal of fixed term contracts | The issue concerning legitimate expectation is dealt with in terms of section 186(1)(b) of the Labour Relations Act 66 of 1995 (“the Act/LRA”) which includes a 'dismissal’ to mean that employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms or did not renew it. | Articles | Preview |
| Remedies - What can we claim in the CCMA | 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. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. | Articles | Preview |
| Remuneration and benefits claims in the CCMA | Many an employer and employee are at a lost as to exactly what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining councils. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA. | Articles | Preview |
| Retrenchment and measures how to avoid retrenchment | 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 | Preview |
| Secondary Strikes | Secondary strikes are used by employees of other employers to put pressure on the primary employer to accept the demand of the employees. Section 213 of the LRA defines it as: “a strike, or conduct in contemplation or furtherance of a strike, that is in support of a strike by other employees against their employer, but does not include a strike in pursuit of a demand that has been referred to a council if the striking employees, employed within the registered scope of the council, have a material interest in that demand.” | Articles | Preview |
| Sidumo - The reasonable decision maker test | The Constitutional Court case of Sidumo v Rustenburg Platinum Mines is considered where the court upheld the reasonable descision maker test. The Commissioner must first conduct a factual enquiry to establish whether the employee indeed committed misconduct. The second part of the process is to determine the fairness of the dismissal. Here the Commissioner must take into account the reasonableness of the rule breached by the employee. | Articles | Preview |
| Signing away 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 | Preview |
| Smoking in the workplace | Smoking in the work place is regulated by the Tobacco Products Control Act 83 of 1993 and the regulations as published in GNR975 of GG21610 of 29 September 2000. An employer may prohibit smoking at the workplace in to or designate a portion of a public place as a smoking area, provided that it complies with the regulations. The employer is also obliged to ensure that no person smokes anywhere other than in the designated smoking area and employees who do not want to be exposed to tobacco smoke must be protected. Employees may object to tobacco smoke in the workplace without retaliation of any kind. | Articles | Preview |
| Strike action - friend or foe | The purpose of setting up a trade union or belonging to one is that collective power is a fundamental concept of a trade union. An employee achieves very little when he or she is a “one man show”. A single employee can, for instance, not embark on a protected strike. Employees therefore organize themselves in trade unions in order to maximize their collective power in what we call “power play” against the employer. This ensures greater participation by employees in the regulation of their workplace matters. It is this positive effect of power-play that has been recognized by the legislature and embodied in law. | Articles | Preview |
| Termination and payments on termination of service | 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 | Preview |
| The CCMA and the role of the trust relationship | 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 | Preview |
| The dominant impression test | Section 200A of the Labour Relations Act was introduced in 2002 in order to deal with the abuses that came about to avoid the consequences of an employment relationship. The Act works on a presumption of employment that came about as a result of the legal test of the “dominant impression.” It deals with the presumptions that apply to determine who is an employee in the event of a dispute about the employment status of an employee. | Articles | Preview |
| The effect of theft in the workplace | 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. | Articles | Preview |
| The labour broker, the employee and the client | A consideration of the rights of a Labour Broker's employee, the role of the client of the Labour Broker and the actual Labour broker in light of a discussion through case law. | Articles | Preview |
| The Law on Resignation or Dismissal | 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. | Articles | Preview |
| The mistakes that haunt us in disciplinary proceedings | A consideration of case law and common procedural errors that employers may make tainting any dismissal as unfair leading to costly results. | Articles | Preview |
| Trade unions - How to deal with power play | 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 | Preview |
| What you say on Facebook can get you fired | Facebook, Twitter and other social network sites are part of many people’s lives, some more than others. As a consequence, employees are active and post comments, read comments or chat on a continuous basis on these sites, also during work hours. Apart from idling your time away, what you say there can also constitute misconduct. | Articles | Preview |
| When is a dismissal fair in alcohol abuse cases | Every chairperson, when deciding on a sanction, must go through a process where he or she decides whether dismissing the employee is the right or fair thing to do. A consideration of case law regarding fairness in intoxication misconduct cases. | Articles | Preview |
| When to apply for rescission in the CCMA | Rescission is governed by Rule 32 of the CCMA rules read with section 144 of the LRA. It can only be sought on very limited grounds as set out in section 144. This article considers the interpretation of section 144 - Rescission - through the case law. | Articles | Preview |
| Application for leave | A detailed application for leave | Template | Preview |
| Abscondment | "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 | Preview |
| Abuse of Sick Leave and Leave - pdf | 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 | Preview |
| Agreement to postpone in council | 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 | Preview |
| Agreement to postpone in council | 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. | Template | Preview |
| Can the Employer Re-Do a Disciplinary Hearing | 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 | Preview |
| Counselling of Employees | 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 | Preview |
| Notice of Motion Rule 32 application (Rescission) | A notice of motion for a rescission application setting out the prayers. | Template | Preview |
| Damage to Property | 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 | Preview |
| Dishonesty - Lies, Fraud, Falsification and Theft | 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 | Preview |
| Duty to keep Records | 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 | Preview |
| Fraud | 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 | Preview |
| Incapacity due to ill health or injury | 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 | Preview |
| Insubordination | 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 | Preview |
| Intimidation | 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 | Preview |
| Letter with subpoenas | 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 | Preview |
| Letter with subpoenas | An example of a letter sent to witnesses who are under a subpoena order, attaching the original subpoena thereto and requesting their presence or securing the presence of certain documents specified in the subpoena. | Template | Preview |
| Negligence in Performing Duties | 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 | Preview |
| Probation Evaluation | 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 counselling, as the circumstances may require, in order to allow the employee to render a satisfactory service. | Template | Preview |
| Rescissions | 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 | Preview |
| Resignation before the disciplinary hearing | 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 | Preview |
| Template for Index | A template of an index. | Information Sheet | Preview |
| The role of the disciplinary code | 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 | Preview |
| Vulnerable employees - Part time employment | "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 | Preview |
| Vulnerable employees - Temporary employment | "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 | Preview |
| Vulnerable employees - Temporary employment Services | "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 | Preview |
| Template for Index | A template of an index. | Template | Preview |
| Analysis Section 19 Check list - Gauteng | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - Kwazulu Natal | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - Limpopo | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - Mpumalanga | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - North West | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - Northern Cape | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Analysis Section 19 Check list - Western Cape | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| EE Section 19 Check list 2021 - National & Regional | (2020 Update) Section 19 of the Employment Equity Act no 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Charges against shop stewards | 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 | Preview |
| Disregard of safety rules | 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 | Preview |
| Wasting time or idling | 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 | Preview |
| Appointment letter of designated EE manager | 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 | Preview |
| Appointment letter of designated EE manager | 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. | Template | Preview |
| EE Election form | 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. | Template | Preview |
| EE Nomination form | 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 | Preview |
| EE Nomination form | 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. | Template | Preview |
| Enforcement of CCMA awards and costs orders | 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 | Preview |
| Grievance form Stage 1 | 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 | Preview |
| Grievance form Stage 1 | 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. | Template | Preview |
| Grievance form Stage 2 | 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 | Preview |
| Grievance form Stage 2 | 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. | Template | Preview |
| Poor Performance Improvement Programme | 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 | Preview |
| Poor Performance Improvement Programme | 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. | Template | Preview |
| Sanctions in a disciplinary hearing | 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 | Preview |
| Appointment of Consultant | Agreement for the appointment of a consultant - standard terms & conditions. | Information Sheet | Preview |
| Appointment of Consultant | Agreement for the appointment of a consultant - standard terms & conditions. | Template | Preview |
| Employment Equity Regulation R595 of GG 37873 of 1 August 2014 | 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 | Preview |
| Analysis Section 19 Check list - Orange Freestate | Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace. | Template | Preview |
| Equal pay for work of equal value | 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 | Preview |
| Equal pay for work of equal value | 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. | Template | Preview |
| Employee restraint of trade | 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 | Template | Preview |
| Employee restraint of trade | 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 | Preview |
| Smoking policy for Employer | This is an editable example of a smoking policy for the employer | Template | Preview |
| Smoking policy for Employer [Company Pty Ltd] generic KKH no comments | This is an editable example of a smoking policy for the employer | Information Sheet | Preview |
| People With Disabilities - As Defined By The EEA | 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 | Preview |
| How Does Section 198 Work - Flow Diagram | How does section 198 and 198D work? Section 198 Applies to all TES employees earning above and below sec 6(3) | Information Sheet | Preview |
| How does section 198A work - flow diagram | How does section 198A work - Section 198A Applies to TES employees (earns below sec 6(3) threshold) | Information Sheet | Preview |
| How does section 198B work - flow diagram | How does section 198B work? Section 198B Applies to FIXED TERM employees (earns below sec 6(3) threshold) | Information Sheet | Preview |
| How does section 198C work - flow diagram | How does section 198C work? Section 198C Applies to PART TIME employees (earns below sec 6(3) threshold) | Information Sheet | Preview |
| Simple Job Offer | This is a Template Job Offer - for employee and employer to sign when hiring a new employee. | Template | Preview |
| Agreement to Postpone in CCMA | Template - Agreement between applicant and respondent to Postpone in the CCMA | Template | Preview |
Videos (13)Includes training videos, webcasts and online seminars
| Title | Description | Type | Actions |
|---|---|---|---|
| 001 - Disciplinary Hearing: Chairing and Initiating Disciplinary Hearing | Chairing and Initiating Disciplinary Hearing - This video deals with the introduction in the disciplinary hearing of the parties and the procedure to be followed by the chairman | Webcast | Preview |
| 002 – Disciplinary Hearing: Introduction – Starting with the Hearing | Introduction – Starting with the Hearing. this video sets out the procedural part of the disciplinary hearing and charging the employee. | Webcast | Preview |
| 003 – Disciplinary Hearing: Procedural Elements of the Hearing | Disciplinary Hearing: Procedural Elements of the Hearing. this video will deal with the preliminary issues, exchange of bundles and opening statements | Webcast | Preview |
| 004 – Disciplinary Hearing: Substantive Part of the Hearing | Substantive Part of the Hearing - This video deals with leading evidence and cross examination of witnesses. | Webcast | Preview |
| 005 – Disciplinary Hearing: Presenting the case of the Employer and the Employee | This video deals with the finalisation of the disciplinary hearing and the closing statements | Webcast | Preview |
| 001 – Employment Equity: Introduction | Introduction | Webcast | Preview |
| 002 - Employment Equity: Unfair Discrimination | Unfair Discrimination | Webcast | Preview |
| 003.1 - Employment Equity: Affirmative Action | Affirmative Action | Webcast | Preview |
| 003.2 - Employment Equity: Starting Affirmative Action | Starting Affirmative Action | Webcast | Preview |
| 003.3 - Employment Equity: Analysis and Consultation Process | Analysis and Consultation Process | Webcast | Preview |
| 004 - Employment Equity: Understanding Affirmative Action | Understanding Affirmative Action | Webcast | Preview |
| 005.1 - Employment Equity: General Conditions | General Conditions | Webcast | Preview |
| 005.2 - Employment Equity: Functions of the Employment Equity Forum | Functions of the Employment Equity Forum | Webcast | Preview |
Upcoming Events
Dealing With Workplace Grievances
Date: 26/04/2024 09:00:00
Event Type: Distance Learning
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Guide to Retrenchments
Date: 29/04/2024 09:00:00
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Basic Labour Relations - LRA & BCEA
Date: 06/05/2024 09:00:00
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Managing HR Challenges
Date: 10/05/2024 09:00:00
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Guide to Employment Equity
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Date: 17/05/2024 09:00:00
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Date: 20/05/2024 09:00:00
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Date: 24/05/2024 09:00:00
Event Type: Distance Learning
Venue: Office / Home
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Email: moreinfo@laboursmart.co.za
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