Session 4: Disputes, Disciplinaries & Dismissals



The principle of fair labour practice is a fundamental right that is guaranteed in the Constitution of the Republic of South Africa which is the supreme law of the land.

Whether you are a small business owner, sole proprietor, partnership or large corporation, if you employ staff you should be equipped with the basics conditions of employment. Should a dispute arise, you must also be informed of the right steps to take. Most importantly, you must know what documentation to keep.

Content Discussed:

Disputes

• Different types of disputes
• Freedom of association
• Organisational rights
• Collective agreements
• Mutual interest issues
• Unfair dismissals
• Unfair labour practices, and
• Unfair discrimination
• If you are an employee in dispute with your employer, or vice versa, over a matter such as:
• Dismissal
• Wages and working conditions
• Workplace changes. or
• discrimination you may want to ask the CCMA to conciliate or even arbitrate your dispute
• A union or employers' organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA
• Speedier dispute resolution process called con-arb

Disciplinaries

• Disciplinary measures short of dismissal
• Verbal warnings for minor transgressions
• Written warnings for consistent misconduct
• Final warnings for persistent misconduct
• Duration of Warnings
• a verbal warning should remain valid for 3 months
• a written warning should remain valid for 6 months
• a final written warning should remain valid for 12 months

Dismissals

• Fair reasons for dismissal
• Dismissals for misconduct
• Fair procedure
• Disciplinary records
• Dismissals and industrial action
• Constructive dismissals
• Guidelines in cases of dismissal for misconduct
• Guidelines in cases of dismissal for poor work performance
• Incapacity: Ill health and injury
• Guidelines in cases of dismissal arising from ill health or injury

Session 5: CCMA

Note: If you're unable to attend the live webinar on the scheduled date, you can still book and pay for the webinar – the course notes and a copy of the recording will be provided for self-study in your own time.

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