Labour Law Made Easy

DURATION: 2 Days

CONTENT

1. Demonstrate an understanding of the purpose and application of the Basic Conditions of Employment.

• The major purpose and application of the BCEA is outlined with examples.
• The major features of the BCEA, including prohibition of employment and the functions of the Employment Commission, are listed and explained with examples.

2. Describe the regulation relating to working time and leave as set out in the Basic Conditions.

• The way in which day, ordinary hours of work and overtime, meal intervals, rest periods, Sunday work, night work and public holidays are interpreted in the BCEA is explained.
• A description of an employee`s entitlement to leaves in terms of the BCEA .

3. Describe the particulars relating to employment, remuneration and termination of employment.

• The employer’s obligation to maintain written particulars of employment and to inform employees of their employment rights is outlined with examples.
• A presentation is given on the regulations relating to the notice of termination of employment, payment in lieu of notice and the right to accommodation.

4. Demonstrate an understanding of the monitoring, enforcement and legal proceedings as set out.

• A presentation is given on the enforcement and monitoring of compliance of the BCEA.
• A presentation is given of the dispute resolution path available for contravention of any of the provisions set out in the BCEA.

Learners receive course material. Various training techniques are used to make training practical and interesting.

DURATION: 1 Day

CONTENT

1. Explain the purpose of COIDA. 

• Reasons for the Act are explained with reference to the responsibility of the State to employees in the open labour market.
• Legislation that regulates health and safety in the workplace is named and an indication is given of the Government Ministry responsible for workplace health and safety.

2. Explain negligence as used in the Act.

• Acts of omission on the part of the employer that are regarded as negligence are identified in four case studies.
• The effect of negligence on the part of the employer is explained in terms of the employee’s right to compensation.
• The effect of serious and willful misconduct on the part of the employee is explained with reference to his/her right to compensation.

3. Describe the avenues available.

• The roles of the Director General and Compensation Commissioner in adjudicating an award are explained with reference to the awarding of compensation.
• The concept of an objection as used in COIDA is explained and an indication is given of the process to be followed in the case of an objection.
• The process that may be followed if an objection is unsuccessful is explained and situations are identified in which a case may be successful in court.

4. Interpret situations covered by COIDA.

• Training situations that are covered by COIDA are named with examples.
• Situations that are covered by COIDA and are not necessarily out of or in the course of employment are identified for five case studies.

Learners receive course material. Various training techniques are used to make training practical and interesting.

DURATION: 3 Days

CONTENT

1. Demonstrate an understanding of the purpose and primary objects, application and interpretation.

• The major purpose of the Labour Relations Act is outlined orally and in writing.
• The primary objects of the Labour Relations Act are described with examples.
• The Labour Relations Act is applied to a number of relevant, real or simulated cases.

2. Describe the bodies created by the labour relations act.

• The bodies created and regulated by the Labour Relations Act are identified and listed.
• The purpose, powers and roles of these bodies are explained with examples.

3. Identify the relevant stakeholders covered by the Labour Relations Act.

• The relevant stakeholders covered by the Labour Relations Act are identified and listed.
• The rights and obligations of the various stakeholders in the Labour Relations Act are explained in tabular form.

4. Explain the various categories of dismissal disputes covered by the Labour Relations Act.

• The various categories of conduct dismissals that may be referred in terms of the Labour Relations Act are identified and explained with examples.
• Capacity dismissals that may be referred in terms of the Labour Relations Act are identified and described with examples.
• Operational requirements dismissals in terms of the Labour Relations Act are described with examples.
• The various categories of automatic unfair dismissals as set out in the Labour Relations Act are described with examples.

5. Describe the appropriate dispute resolution route for dismissal disputes.

• The appropriate dispute resolution path for conduct dismissals is described as set out in the Labour Relations Act.
• The appropriate dispute resolution path for capacity dismissals is described as set out in the Labour Relations Act.
• The appropriate dispute resolution path for operational requirements dismissals is described as set out in the Labour Relations Act.
• The appropriate dispute resolution path for automatic unfair dismissals is described as set out in the Labour Relations Act.

6. Demonstrate an understanding of disputes referred as unfair labour practice disputes.

• Identify and describe the various categories of unfair labour practices that may be referred in terms of the Labour Relations Act.
• Identify and describe organizational right disputes that may be referred in terms of the Labour Relations Act.
• Describe the definitions of strikes, lock-outs, picketing, and refusal to bargain.
• Differentiate between a dispute of interest and a dispute of right in terms of the Labour Relations Act.
• Describe and explain the appropriate dispute resolution paths for Unfair Labour Practice, Organisational Rights and Mutual Interest disputes.

7. Demonstrate and apply an understanding of the various codes of good practice and schedules.

• The various Codes of Good Practice and Schedules are identified and listed with examples.
• A presentation is given on the major features of the Codes of Good Practice and Schedules in terms of the Labour Relations Act.
• The various codes of good practice and schedules are applied to a number of relevant, real or simulated examples.

Learners receive course material. Various training techniques are used to make training practical and interesting.

DURATION: 2 Days

CONTENT

1. Overview of the Employment Equity Act
   • Understanding the Employment Equity Act
   • Purpose, interpretation and application of Employment Equity legislation
2. Understanding unfair discrimination
   • Why employment equity?
   • What necessitated employment equity?
   • Describe the origin and objectives of the Employment Equity Act (EEA)
   • Explain who the EEA applies to
   • Fair and unfair discrimination
   • Direct and indirect discrimination
   • The provisions in the EEA relating to harassment
   • The provisions in the EEA relating to medical and psychological testing
   • The dispute resolution provisions relating to unfair discrimination disputes

3. Employment Equity and Affirmative action
   • Employment equity and affirmative action
   • The concept “suitably qualified”
   • The composition and role of the Employment Equity Committee/Forum
   • The term “consultation” as it is used in the EEA
   • Disclosure of information
   • Analysis
   • Practical analysis of disciplinary codes and policies
   • The components of an Employment Equity Plan
   • Practical analysis of EE plans
   • Reporting

4. The Employment Equity Committee / Roles and function
   • Lodging a dispute
   • Written undertaking
   • Compliance orders
   • The Director General Reviews
   • Enforcement institutions

Learners receive course material. Various training techniques are used to make training practical and interesting.