Labour Relations Practice

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 2 Days

CONTENT

This Unit Standard is for people who have to handle labour related complaints and advise clients on the correct action to take. Learners credited with this Unit Standard will be able to deal with a range of labour related complaints and reports. They will be able to process the complaint and provide the correct solution and will be able to build and maintain relationships with stakeholders.

1. Identify the complaint.

• The nature of the complaint is identified and assessed for the correct action to be undertaken.
• The origin of the complaint is identified to aid with analysis of the problem.
• The problem is documented, according to organisational regulations and requirements.

2. Commit to resolving the complaint.

• Responsibility is taken for action to resolve the problem.
• Commitment to resolve the complaint is demonstrated throughout the process.
• The complainant is satisfied with the resolution process throughout the process.

3. Arrange correct planning and resolution of the complaint.

• Relevant solutions are identified and presented to affected parties.
• The appropriate solution is applied to address the party`s complaint.
• Contact is maintained with relevant stakeholders.

4. Communicate with all stakeholders.

• Affected parties are notified of the nature of the complaint.
• The immediate superior is notified of the complaint for further action and follow-up.
• The outcome, progress and solution of the complaint is communicated to affected parties at appropriate times during the process.

5. Maintain relationships with stakeholders.

• A meeting is arranged between all affected parties to discuss the complaint.
• Relationships are enhanced with the resolution of complaints.
• Implement a pro-active stance in identifying possible future problems.

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

Duration 1 Day

CONTENT

1. Describe and reflect on what professional values are and where they come from.
2. Describe professional accountability.
3. Position professional values within an organisational context.
4. Describe why value conflict occurs in the workplace.
5. Analyse cases of value conflict in the workplace and suggest ways of dealing with them.

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

Duration 1 Day

CONTENT

1. Demonstrate an understanding of the purpose and application of Bargaining Council Rules.

• The major purpose and application of Bargaining Council Rules is explained with examples.
• The reasoning behind the Bargaining Council Rules is explained in terms of creating harmony in the labour field and equity for employees.

2. Demonstrate an understanding of the process for serving and filing the various applications filed.

• An explanation is given of the interpretation of proper serving and filing of documents, as set out in the Bargaining Council Rules.
• An explanation is given of the calculation of time periods as set out in the Bargaining Council Rules.
• The appropriate process for each type of application, as set out in the Bargaining Council Rules, is described and the applications thereof are listed with examples.

3. Demonstrate an understanding of the Bargaining Council Rules pertaining to the conciliation.

• A presentation is given outlining the Bargaining Council Rules that pertain to conciliation, con-arb, arbitration, pre-dismissal arbitration and the certification of awards.
• The Bargaining Council Rules pertaining to postponements and subpoenas are described with examples.

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

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 3 Day

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 Day

 CONTENT

1. Demonstrate an understanding of the creation of the CCMA, its origins, functions and powers.

• The establishment, functions and powers of the CCMA are explained with examples.
• The structures and functioning within the CCMA is described in writing.
• The sections in the Labour Relations Act governing the CCMA are identified with an explanation of how the sections control the work of the CCMA.

2. Demonstrate an understanding of the creation and the functioning of a Bargaining Council.

• The establishment, parties’ functions and powers of Bargaining Council are identified and explained with examples.
• The structures and functioning within a Bargaining Council is explained with examples.
• The stakeholders that are party to a Bargaining Council are identified and a description given of role and functions of each.

3. Demonstrate an understanding of Collective Agreements, their origins, structures and legal standing.

• The origins of a Collective Agreement are identified and explained in respect of the respective situations of the Labour Relations Act.
• The parties to a Collective Agreement are identified and their roles defined in relation to the Labour Relations Act.
• The legal status of a Collective Agreement is defined in terms of the relevant section of the Labour Relations Act.

4. Demonstrate an understanding of extending Collective Agreements to non-parties.

• The parties to a Collective Agreement are identified and explained in terms of their roles.
• The process of extending an agreement in terms of the relevant sections of the Act is described with examples.
• The effect of extending an Agreement is explained with examples.

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

Duration 2 Days

CONTENT

1. Describe the process of concluding collective agreements.

• The role of registered trade unions in the collective bargaining process is explained with regard to concluding a collective agreement.
• The role of the employer representative in the collective bargaining process is explained with regard to concluding a collective agreement.
• The process involved in concluding collective agreements is described using real examples.
• The role of a mediator in facilitating the process of collective agreements is explained using real examples.

2. The legal effect of collective agreements in terms of the Labour Relations Act (LRA) is described.

• The roles of the parties that are bound by the collective agreement concluded in terms of the LRA are explained with examples.
• The period for which the collective agreement binds parties is described with examples.
• The extension of the scope to include additional parties to a collective agreement is explained with examples.

3. Describe the process of resolving disputes on collective agreements in terms of the LRA.

• The available options to resolve disputes and the importance of including a Dispute Resolution procedure in a collective agreement are explained with examples.
• The Dispute Resolution procedure relating to the application and interpretation of a collective agreement is explained using a real situation.
• The criteria for referring a collective agreement dispute regarding the integration and application of a collective agreement is explained with examples.

4. Describe the process and requirements for concluding an agency shop agreement in terms of the LRA.

• The statutory threshold requirements to conclude an agency shop agreement are identified using real examples.
• The parties to an agency shop agreement are identified using real examples.
• The process of challenging the representivity of a trade union in an agency shop agreement is described with examples.
• The process of terminating an agency shop agreement is described using real examples.

5. Describe the process & requirements used in concluding a closed shop agreement in terms of the LRA.

• The statutory threshold requirements needed to conclude a closed shop agreement in terms of the LRA are identified using real examples.
• The parties to a closed shop agreement are identified in terms of their respective roles.
• The process of challenging the representivity of a trade union to a closed shop agreement is described using examples.
• The process of terminating closed shop agreements is described using examples.

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

Duration 2 Days

CONTENT

1. Interpret and respond to accessible written communications in the workplace.

• A normal office memorandum.

2. Produce simple written communication in the workplace.

• A report on work done, accidents in the workplace, respond to requests and complaints.

3. Produce and respond to accessible oral communication in the workplace.

• Offer a five-minute presentation.
• Listen to and summarise a ten-minute presentation.

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

Duration 1 Day

CONTENT

1. Describe attitudes toward HIV and AIDS in the workplace.

• Attitudes of the organisation (as evident in employment policies and practices; education or awareness programmes; or other organisational policies and procedures) are described.
• Beliefs and attitudes of individuals and constituencies within the organisation are described.

2. Identify factors influencing attitudes toward HIV and AIDS.

• A theory of the relationship between attitudes and behaviour is outlined.
• Factors given are analysed with reference to the theory.

3. Plan an information session in the workplace on HIV and AIDS.

• Information session is planned on the basis of the descriptions and analyses of attitudes and attitudinal shifts.

4. Prepare information session in the workplace on HIV and AIDS.

• Information is accurate and appropriate.

5. Offer information session in the workplace on HIV and AIDS.

6. Evaluate the information session.

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

Duration 1 Day

CONTENT

1. Select a sociological issue for consideration.

• Select a sociological issue for consideration and justify the choice with reference to South African workplaces.

2. Analyse South African workplaces in terms of any key sociological feature.

• Analysis requires a description and explanation of both current and historical patterns.

3. Analyse the constitutional, legislative or policy issues impacting on the sociological feature.

• Analysis must include a critical evaluation of the constitutional, legislative or policy requirements.

4. Explain the impact on individuals and groups in the workplace.

• Explanation must be justified with reference to actual rather than hypothetical instances.

5. Reflect on the implications for them.

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

Duration 2 Days

CONTENT

1. Listen to and interpret customer needs

• Questioning skills are used to obtain information so interpretation of customer’s needs is accurate.
• Customers’ needs are prioritised.
• Customer is listened to, using established methods.

2. Describe action plan

• Action plan is agreed with all stakeholders.
• Resources required to implement the action plan are communicated.
• Action plan is evaluated in terms of its ability to meet customer requirements.

3. Implement action plan to meet customers’ needs

• Actions of frontline providers are evaluated against action plan agreed previously.
• Action plan is implemented within agreed timeframes, budgets and resource allocations.
• Action plan is implemented to the satisfaction of the customer and the organisation.
• Documentation relating to the action plan is complete, concise and in the required format and location.

4. Track and measure the action plan to its completion

• All stakeholders agree measurement techniques.
• Actual progress is evaluated and reviewed against the action plan agreed.
• Identified variances against action plan are recorded and reasons for the discrepancy are found and analysed.
• Measurement report and review records are complete, concise, completed in the required format and within the agreed time frame.

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

Duration 1 Day

CONTENT

1. Identify “touch points” of customers

• Moments of truth are identified and explained.
• Customer service impact areas of vulnerability are identified and explained.
• The characteristics of customer service are identified in terms of their quantitative nature.

2. Determine solutions in areas of customer service

• Solutions provides for the optimal satisfaction of customer service within the constraints and priorities of the organisation.
• The solution plan provides and compares options for customer service impact areas.
• Solutions are developed in consultation with all stakeholders and authorised and approved by individuals with authority to do so.
• Solutions are developed within agreed timeframe and meet organisational specifications.

3. Action changes or improves areas of customer service

• Changes are implemented within agreed timeframes and in format.
• Solutions are justified in terms of their feasibility and usefulness in the management of customer service.
• The role and usefulness of change agents are identified and their strengths and limitations are assessed.
• Approaches for continuous improvement are evaluated and assessed in managing the planned changes or improvements.
• Methodical tools and methods are used to facilitate the change or improvement process.

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

Duration 2 Days

CONTENT

1. Identify and classify transgression.

• Sufficient information is gathered concerning alleged transgression.
• Transgression is correctly classified in terms of the available evidence.
• The correct procedure for handling the transgression is selected.

2. Implement procedure to handle non-dismissible offences.

• The employee is informed within the stipulated timeframe of the alleged contravention of a workplace rule and his/her rights in this respect.
• The employee is confronted with the relevant facts and provided with sufficient opportunity to state his case.
• The employee is informed in the appropriate manner of the disciplinary action to be instituted and his rights in this respect.
• The disciplinary action is accurately recorded according to the disciplinary procedure.

3. Implement procedure to handle dismissible offences.

• Further investigation is conducted and detailed information is gathered.
• The employee is informed within the stipulated timeframe and in the correct manner, of the alleged contravention of a workplace rule and his/her rights in this respect.
• Detailed evidence is led including witnesses and the cross-questioning of witnesses.
• Relevant argument and evidence in mitigation or aggravation is presented.

4. Represent employee at disciplinary hearing.

• The allegation or charge is correctly analysed and adequately investigated.
• The relevant information is requested from the employer.
• The employee and witnesses are properly prepared for the hearing.
• The employee’s case is succinctly and effectively presented.
• Witnesses are appropriately questioned and cross-examined.
• Pleas in mitigation are properly prepared and presented.
• Where relevant appeals are lodged in terms of the disciplinary procedure.

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

Duration 2 Days

CONTENT

1. Conduct and manage the hearing.

• Employee is properly and clearly informed of the allegation and of his/her rights.
• Relevant questions are asked to ensure that proper procedure was followed prior to the hearing.
• Relevant questions for clarification (not in prosecution) are asked.

2. Implement procedure to handle non-dismissible offences.

• All evidence is efficiently summarised, considered and weighed in terms of probability.
• Decision is based on analysis of the evidence.
• Decision is clearly communicated to the parties.

3. Hear pleadings.

• Parties are granted sufficient opportunity to plead mitigation or aggravation.
• If necessary, information regarding mitigating and aggravating circumstances is elicited.

4. Take a decision as to sanction.

• All relevant factors are considered and carefully weighed.
• Clear reasoning is demonstrated for reaching final decision.

5. Inform employee of and record decisions.

• All relevant factors are considered and carefully weighed.
• Employee is verbally informed, in clear terms, of decision.
• Decision is properly substantiated.
• Employee is informed of his/her rights in this regard.

6. Ensure that proceedings and decisions are recorded.

• Procedure is properly recorded.
• Main issues and arguments are succinctly recorded.

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

Duration 2 Days

CONTENT

This course equips learners with the knowledge and skills to confront an employee whose performance or conduct is becoming unsatisfactory and take appropriate corrective action at an early stage, thereby avoiding the unpleasantness, time wasting and conflict that goes with dismissal.LRA requirements for dealing with poor performance, incapacity and act of minor misconduct; problem solving and counselling techniques and how to issue a warning are taught.

Most importantly, learners are taught how to recognise the symptoms of a troubled employee and to use a formal referral system (vai an EAP, if applicable) to establish and address the root causes of the employee’s behaviour through medical evaluation or professional counselling and/ or rehabilitation. Substance abuse and the impact of HIV/ AIDS in the workplace are also covered.

1. Performance Management

• Formulate performance standards for team members in a unit.
• Establish systems for monitoring performance.
• Prepare for a performance review of a team member.
• Conduct performance review interview.
• Giving Feedback
• Identifying performance gaps
• Mentoring and coaching to rectify performance gaps

2. Disciplinary Framework

• LRA fairness requirements
• Conducting a counselling interview
• Poor Work Performance Procedure
• Poor performance disciplinary hearing

3. Medical Incapacity

• Incapacity: Ill Health or Injury
• Special Cases: HIV/AIDS Cases
• Special Cases: Intoxication on Duty
• Abuse of Sick Leave

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

1. 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

1. 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.

Duration 2 Days

CONTENT

1. Describe the main sources of conflict.

• A list of possible sources of conflict, including perceptions and assumptions, is drawn up with examples of where they are most likely to occur.
• Positive and negative characteristics of conflict in the workplace are discussed.
• Organisational conflict modes are explained with examples.
• Conflict, which may arise in personality types, can be described, using transactional analysis.
  2. Explain appropriate techniques in conflict management.
• The various business conflict modes are discussed with examples.
• Useful steps to be taken to manage conflict are explained with examples.
• The route, which conflicts normally follow toward resolution can be described.
  3. Describe the appropriate action plan and strategies to manage conflict. 
• Methods available to resolve conflict in terms of the LRA are listed with examples.
• The most appropriate strategy to resolve a particular conflict is chosen with a justification for the choice of strategy.
• The need to adopt action plans and adapt them to a particular conflict is demonstrated with examples.
• The role of policies and procedures in place in the organisation are explained in terms of their role in preventing and/or resolving conflicts.
  4. Explain the attributes of an effective conflict manager. 
• Personal attributes of a good conflict manager can be listed with examples of how each characteristic contributes to conflict resolution.
• A skills audit is done by the learner to identify the skills he/she needs to develop to be an effective conflict manager is identified.
• The negative attributes which should be avoided or controlled by an effective conflict manager are listed with an explanation of the negative effect each has on the resolution of conflict.

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

Duration 2 Days

CONTENT

1. Introduction
   • Introduction
   • Identification of your own objectives for the course
   • Principles of Law

2. Module 1

• A Shopsteward
• Legislations governing Labour Relations
• The Constitution of the Republic of South Africa

3. Module 2

• Purpose, exclusion and interpretation of Labour Relations Act
• Important definitions
• The duties of employers
• The duties of employees

4. Module 3: The Roles and Duties of Shopstewards

• Recruit members at the workplace
• Enter into agreement with the employer on behalf of members
• Represent fellow members
• Duty to be honest

5. Module 4: Liability of Trade Union

• Compensation for losses arising out of unprotected strike action
• Compensation for losses arising out of protected strike action
• Compensation to union members for wrongful advice

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