, Annual Labour Law Update, Global Business Solutions

ANNUAL LABOUR LAW UPDATE

Be part of the discussions that are taking place at NEDLAC as well as the decisions from recent Constitutional Court, Labour Appeal Court and Labour Court matters that can enhance both your personal and your organisation’s success by ensuring that the mistakes and successes of other stakeholders are used as a learning platform.

NEDLAC policy shifts

  • Labour demands at NEDLAC, what policy changes to expect over the next 12 months
  • Internal policies are self-imposed laws, what are implications of deviating
  • Amended legislation
  • Pending legislation

Dismissals: the devil is in the details

  • Derivative misconduct (implicated in the conduct of others), the Constitutional Court has the final say
  • The status of medical certificates in the law of evidence
  • Unfair dismissals and unfair labour practices, something old, something new
  • Dismissal for refusing to undergo a polygraph
  • The latest on cannabis testing and the workplace application thereof
  • Resigning in the face of disciplinary action, consequences for all parties

Collective bargaining and strikes

  • Update and analysis of Sibanye Gold strike and crucial learning
  • Wage negotiations, dynamics and settlements
  • Latest judgements in respect of organizational rights, collective bargaining and the extension of collective agreements to non-parties
  • Industrial action, strike demands, balloting, strike notices and picketing nuances

It’s a matter of process

  • Alternative dispute resolution clause for employment contracts
  • Cost awards against frivolous referrals by employees to the CCMA and Labour Court
  • The right to appeal and internal disciplinary procedures, where to next?
  • The application of the new “suspension pending a disciplinary enquiry” judgement. The Constitutional Court has the final say
  • Test to be applied for taking matters on review

Employment Equity targets – not for the faint of heart

  • Employment equity report submissions, implications of being out of time
  • Ministerial sectoral targets, determining compliance, and state tenders under the employment equity amendments
  • Automatically unfair dismissals in terms of s187(1)(c ) when employees refuse to accept a demand on a matter of mutual interest
  • Racial harassment just won’t go away
  • Religious discrimination…what next

Governing Fixed Term Contracts and Temporary Employment Services

  • Labour Court decisions on s198B referrals, fixed-term contracts
  • Codifying FTC management, learning from awards on how to manage FTC’s
  • S83 severance claims in the context of FTC’s and TES, appropriating liability
  • Premature termination of FTC’s and linking them to client contracts
  • Detailed analysis of TES and clients in the context of judgements around locus standi, FTC management and termination, and equal treatment

Financial headwinds: what lies ahead

  • Changing terms and conditions of employment in the face of financial headwinds, what is required in the view of the Labour Appeal Court
  • What National Minimum Wage (NMW) increase to expect on 1 January 2020
  • Pay progression in the context of equal treatment
  • S197 transfers and “on the whole not less favourable” in the context of transferring funds

Specific sections of the LRA that will be addressed

Organisational Rights

  1. Right to establish thresholds of representativeness
  2. Certain organisational rights for trade union party to council
  3. Organisational rights in collective agreements
  4. Exercise of rights conferred by this Part
  5. Disputes about organisational rights

Collective agreements

  1. Binding nature of collective agreement concluded in bargaining council
  2. Extension of collective agreement concluded in bargaining council

Strikes and lock-outs

  1. Right to strike and recourse to lockout
  2. Limitations on right to strike or recourse to lockout
  3. Secondary strikes
  4. Strike or lockout in compliance with this Act
  5. Strike or lockout not in compliance with this Act
  6. Picketing
  7. Replacement labour
  8. Protest action to promote or defend socio-economic interests of workers

Resolution of disputes under auspices of Commission

  1. Disputes about matters of mutual interest
  2. Resolution of disputes through conciliation
  3. Appointment of commissioner to resolve dispute through arbitration
  4. General provisions for arbitration proceedings
  5. Resolution of disputes if parties’ consent to arbitration under auspices of Commission
  6. Powers of commissioner when attempting to resolve disputes
  7. Variation and rescission of arbitration awards
  8. Review of arbitration awards

Labour Court

  1. Jurisdiction of Labour Court
  2. Powers of Labour Court
  3. Proceedings of Labour Court to be carried on in open court
  4. Representation before Labour Court
  5. Costs
  6. Service and enforcement of orders of Labour Court

Unfair dismissal

  1. Meaning of dismissal
  2. Automatically unfair dismissals
  3. Other unfair dismissals
  4. Dismissals based on operational requirements
  5. Disputes about unfair dismissals
  6. Remedies for unfair dismissal
  7. Limits on compensation
  8. Transfer of contract of employment

General provisions

  1. Temporary Employment Services
  2. Contracts of employment may not disregard or waive collective agreements or arbitration awards
  3. Representation of employees or employers

Other statues that will be addressed, include:

  • The Employment Equity Act
  • The National Minimum Wage Act
  • The Labour Relations Act
  • The B-BBEE Codes
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