Industrial relations 2

• Define Industrial relations.

  Relationship between employees, employers, the government, and Trade unions
• What is the aim of industrial relations?

  aims to retain industrial peace between them, through worker morale and a functional workplace where productivity is high
• What is Collective Bargaining?

  negotiation (done as a group) of terms of employment between employer and trade union.
• What is Industrial action?

  Steps taken by workers to enforce their demand if collective bargaining fails. it may take form in strikes
• What is a 'go-slow'?

  employees perform their duties but deliberately seek to reduce productivity or efficiency in their performance of these duties
• What does a 'go-slow' do to the business overall?

  overall, hurts the company.
• Deliberately slow down productivity = decrease of money
• What is picketing?

  protest outside business premises using placards.
• What is a 'work to rule' ?

  Doing minimum required by employer
• What is are 'intermittent strikes'?

  Occurs when employees repeatedly stop work, typically for a period of short duration
• What are secondary/ sympathy strikes?

  employees strike against their employer in order to benefit other employees who do not work for their employer
• What is a 'wild cat strike'?

  An illegal strike
• What is the importance of discipline?

  discipline is the lifeline of an organisation. without discipline, employees would do whatever they please.
• What is the importance of disciplinary procedures?

  It enables an employee to know what standards of behaviour are expected from them and are aware of consequences of their actions
• What is the importance of grievance procedures?

  They set out a formal way for employees to have their grievances heard and settled within the workplace.
• What is the PURPOSE of discipline?

  To ensure correct behaviour by all parties concerned.
• What are the steps to correct behaviour, from least serious to most serious? Give examples.

  • coaching & counselling
  • correction (verbal & written warning, suspension, demotion & even dismissal)
• What is a disciplinary policy?

  provides guidelines on acceptable behaviour, expected standards and consequences of unacceptable behaviour.
• What is a grievance procedure?

  Predetermined procedure and structure that allows employees to resolve problems.
• In what order are situations dealt with in a company?

  • Supervisor
  • line/ functional manager
  • human resource/ capital manager (or production manager)
  • CCMA
  • labour court
  • labour appeal court
• What does a conciliator do?

  Facilitates discussion. (Supervisor)
• What does a mediator do?

  Listens to both sides and makes a suggestion. (Line/ functional manager)
• What does a arbitrator do?

  Makes a decision that is legally binding.

  (production/ HR/ capital manager)
• What happens after the arbitrator makes a decision?

  They have to abide by the decision made but can go to court if unhappy.
• Listen the reasons for dismissal.

  • Incapacity
  • Misconduct
  • Operational reasons
• What is incapacity and what are the reasons for it?

  Incapacity is the inability to meet required standards.

  can be for the following reasons:

  • poor work performance
  • poor health
• Explain poor work performance.

  employer must prove that work standard was fair and employee was aware of this standard, employee was given sufficient support.
• What should be considered before dismissal for poor work performance ?

  Demotion or transfer to another job should be considered before dismissal
• Explain poor health as an incapacity.

  The employer should try to adapt the employees task if possible to meet required standards

  • extended unpaid leave
  • transfer to another more suitable position
• Give an example of what should be done as result of poor health as an incapacity.

  if someone has a dreaded disease, they should be given a desk position that doesn't require a lot of interaction
• What is Misconduct?

  Not adhering to the rules
• Provide examples of Misconduct.

  Fighting, bribery, corruption, abuse of company property, intoxication, sexual misconduct, etc. -- proof of any of these = immediate dismissal
• In terms of Misconduct, when can an employee be dismissed?

  An employee may be dismissed if all other methods to rectify the situation/ behaviour have failed.
• In terms of misconduct, all cases must be judged on it's own merits and all mitigating circumstances.
• What should happen before discipline of employee for misconduct?

  • Must be established that he/she did in-fact violate a rule in the workplace
  • ensure employe was aware or reasonably aware of this rule/standard
• What is substantive fairness?

  mean the employer succeeded in proving that the employee is guilty of an offence. (Reasonable justification)
• What needs to be proven in terms of substantive fairness?

  Seriousness of offence outweighed the employee's circumstances in mitigation and that terminating the employment relationship was fair.
• What is procedural fairness?

  Is concerned with the procedures used by a employer decision.
• Provide an example of procedural fairness.

  Were the procedures for disciplinary hearing followed in accordance with the labour law?
• Dismissal for misconduct is substantively fair if:

  • The employee broke a rule of conduct in the workplace
  • The rule was valid/reasonable
  • The employee knew/ should've known of the rule
  • The employer applied the rule consistently

  Dismissal is the appropriate step to take instead of a less serious action like verbal warning or suspension