Industrial Relations

• Discipline

  The lifeline of an organization, without discipline employees would do whatever they please
• Disciplinary procedure

  Enables employees to know what standards of behaviour is expected from them and are aware of consequences of their actions
• Grievance procedure

  Sets out a formal way for employees to have their grievances heard and settled within the workplace
• Discipline

  Coaching and counselling, correction which may include verbal and written warnings, suspension, demotion and even dismissal
• Disciplinary policy

  Provides guidelines on acceptable behaviour, expected standards and consequences for unacceptable behaviour
• Grievance procedure

  Predetermined procedure and structure that allows employee to resolve problems
• Reasons for dismissal

  • Incapacity, misconduct, operational
• Substantive fairness

  Employer succeeded in proving that the employee is guilty of an offence and that the seriousness of the offence outweighed the employee's circumstances in mitigation and that terminating the employment relationship was fair
• Procedural fairness

  Concerned with the procedures used by an employer decision, e.g. were the procedures for disciplinary hearing followed in accordance with the Labour Law? Were all avenues exhausted before dismissing on grounds of incapacity?
• Procedural fairness for disciplining an employee

  Complaint must be in writing

  • accused must be advised of charges against him/her
  • date, time, venue of disciplinary hearing must be given to accused in writing
  • accused must be given reasonable time to prepare
  • accused is entitled to have an interpreter
  • complainant presents case first and accused may cross examine
  • chairperson of disciplinary hearing decides on verdict after considering mitigating circumstances
  • accused may appeal and take matter to CCMA if unhappy with verdict
• Work standards

  Provide employees with a framework of how the company expects them to work, allows for open communication between employer and employee, helps employee understand their responsibilities, explains how employees can meet these goals, leads to increased productivity
• Retrenchment

  May be implemented for restructuring departments/business

  • economic reasons such as cost reduction
  • technological reasons such as acquiring new machinery/equipment
  • business is closing down
• Retrenchment consultation process

  Employer must provide evidence to justify such action

  • notify the other side in writing of reasons for proposed retrenchment
  • alternatives considered
  • proposed methods of selection of jobs involved
  • timing of proposed retrenchment
  • offers of severance pay
  • assistance offered/prospects of re-employment in the future
• Unfair dismissal

  • Employer ends contract of employment without notice to employee
  • employer refuses to allow employee back to work after maternity leave and any other reason regarding pregnancy
  • there is constructive dismissal, where the employee is forced to resign after the employer makes the work environment impossible for the employee to tolerate
  • employee takes part in activities of trade union including protected strikes
  • there is unfair discrimination based on race, age, religion, sex, family responsibility, sexual orientation
• Procedures for a protected strike

  • The issue over which workers want to strike must be referred to the CCMA, bargaining or statutory council
  • CCMA has 30 days to resolve issue
  • CCMA issues a certificate if not possible to resolve
  • In the Private sector: employers are given 48hour notice period to inform of impending strike action
  • In the Public sector: notice period is 7 days
• Protected strike

  • Employees may not be dismissed
  • employer cannot apply for court interdict to stop strike
  • the refusal to work cannot be seen as a breach of contract
  • no work no pay will apply
  • employers have the right to lock-out employees from the work premises
• A strike is Unprotected if:

  • A collective agreement specifically states that workers may not strike
  • the correct procedures have not been followed
  • the arbitration decision has been ignored
  • the parties are engaged in essential services
• Dispute resolution mechanisms

  • Collective bargaining
  • statutory councils
  • bargaining councils
  • workplace forums
  • CCMA
  • NEDLAC
• Collective bargaining

  Trade union negotiates as a group platform to reconcile differences between employer and employee to reach an agreement
• Statutory council

  A body that the government establishes to oversee and regulate specific industries or sectors, ensures that certain standards and rules are followed within that industry
• Bargaining council

  More about negotiations between employers and employees within a specific industry

  • It is a forum where representatives from both sides come together to discuss and agree on things like wages, working conditions, and other employment-related matters
• Workplace forums (WPF)

  Only established if business has 100 employees or more

  • mechanism for employers and employees to consult and make joint decisions on issues such as health and safety, job grading, education and training etc
  • cannot make decisions regarding wages
• CCMA

  Aim is to settle disputes between employer and employees

  • conciliation: ways explored by commissioner, employer and employee to settle dispute by mutual agreement
  • mediation: recommendations are made
  • arbitration: recommendations made are legally binding
  • if either party is dissatisfied with the recommendation, they may refer the matter to labour court within 6 weeks
• Trade union

  Mouthpiece of their members

  • ensures industrial piece by influencing policies and decisions regarding labour issues
  • address issues of service, safety and remuneration
  • ensure fair treatment of workers
  • represent employees in disciplinary issues
  • biggest trade union bodies in South Africa: COSATU, FEDUSA, NACTU
• NEDLAC

  National Economic Development and Labour Council
• Probation period

  The purpose is to evaluate an employee's work performance over a mutually agreed-upon period of time, during this time the employer can ascertain the employee's suitability for the position before confirming permanent appointment, managers or supervisors must manage the probationary period in line with the contract of employment, address performance complications during probation by way of continuous evaluation, counselling, instruction, training and guidance, point out to the employee in which areas he/she is not competent and allow the employee an opportunity to state his/her case and how this could be addressed going forward