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This LABOUR LAW ALERT is brought to you by Labour Law Management Consulting (LLMC) a leading provider of labour law and IR consulting and training services throughout South Africa. In addition, LLMC's CEO draws on his 25 years’ experience of writing a weekly labour law column for The Star newspaper's Workplace and is co-author of two labour relations books. He has been a CCMA Commissioner and is the Chairperson of SACCI's Labour Affairs Committee. This, together with the fact that our CEO is in demand as a speaker at conferences and seminars places LLMC at the cutting edge of the labour relations field. In recognition of his exceptional work in this field, our CEO has been included in the book “WHO’S WHO IN SOUTHERN AFRICA”.
LABOUR LAW ALERT brings you important news of developments crucial to your workplace. These include clearly explainedlabour law statutes, crucial court and CCMA findings and news of training courseson how to walk the tightrope between workplace effectiveness and labour law compliance.
LABOUR LAW ALERTNO.1
In South Africa running a business or setting up a new enterprise successfully can be severely hampered by the myriad of labour law dangers lying in wait for employers. Eight labour acts, dozens of regulations and codes and countless court rulings are all constantly changing and present serious legal obstacles to enterprise development. It is therefore crucial for employers to understand how all these pieces of legislation affect them.
LABOUR LAW ALERT NO.2
On 18 September 2009 the one-day seminar on THE A to Z of LABOUR LAW is being held in Johannesburg. At this seminar you will get insight into the following legislation and its practical implementation:
Dealing with discrimination and sexsual harassment.
Recruitment and selection.
Training and development.
Dealing with trade unions and strikes.
Basic conditions of employment, health and safety.
Using independent contractors and labour brokers.
Disipline and dismissal.
Winning at the CCMA.
FACILITATOR: IVAN ISRAELSTAM
Ø Former CCMA Commissioner
Ø 13 years providing CCMA representation
Ø Chairperson of Labour Affairs Committee of
the SA Chamber of Commerce and Industry
Ø Author of numerous labour law articles and books
FOR BOOKINGS AND FURTHER SEMINAR DETAILS:
Please contact Ronni on 084 5217492 or firstname.lastname@example.org
LABOUR LAW ALERT NO.3
TELL YOUR EMPLOYEES THE RULES
by IVAN ISRAELSTAM of LABOUR LAW MANAGEMENT CONSULTING (PHONE 011-888/7944 for further advice)
Section 188(1)(a) of the Labour Relations Act prohibits employers from firing employees without good cause. If you as an employer ignore this prohibition you are likely to end up at the CCMA where, amongst other things, you will need to prove that the employee you fired knew the rules that he broke.
One employer who appears to have ignored this requirement was the City of Cape Town. In that case the employer fired a Ms Kotze for using the word “kaffir”.
The arbitrator found that Ms Kotze was guilty of using ‘insensitive and racially-charged language’. Despite this and despite the extreme political incorrectness of using such terms in South Africa, the arbitrator found that the dismissal was unfair. He ordered the employer to reinstate Ms Kotze and to pay her R94 000,00.
One of the reasons for this decision was that the employer had been wrong in failing to inform Ms Kotze that using such language was unacceptable and should have issued her with a disciplinary code. In the light of this every employer must:
· draw up a disciplinary code and procedure
· update its disciplinary policy in terms of changing legislation
· give copies to its staff
· train its managers in the implementation of this policy
· have its policies and training programmes assessed by an expert in labour law.