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Bizland's
Advantage

CHENNELLS BRÜMMER
& ASSOCIATES
Consultants in Labour Law, Industrial Relations and
Strategic HR Management

Contents:

Welcome
What is LabourSmart
LabourSmart Features
Industrial Relations Knowledge Checklist
Summary of Contents: Industrial Relations Best Practice

Welcome

Welcome to the LabourSmart Advantage! LabourSmart is an innovative consultancy specialising in Labour Law and Strategic Management of Industrial Relations and Human Resources. The consultancy has developed a wide reputation for its practical, creative and user-friendly Industrial Relations interventions and training initiatives. World Class Industrial Relations practices have been successfully introduced and increasingly utilised in a range of large and medium to small sized organisations, including various blue chip organisations and trade unions. The information on LabourSmart is compiled by consultants with extensive experience in the labour field and who serve on a part-time basis with the CCMA, various Bargaining Councils and the Arbitration and Mediation Services of South Africa.

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What is LabourSmart?

A COMPREHENSIVE AND PRACTICAL GUIDE TO BEST INDUSTRIAL RELATIONS OPERATING PRACTICES
The last 5 years have seen considerable change in labour laws and these changes are likely to continue in the foreseeable future. How well equiped are you to manage your staff in this ever-changing labour environment, and to remain up-to-date with best practices?

Bizland's LabourSmart provides you with practical and well-documented solutions to common South African labour issues. By using LabourSmart, you will improve your industrial relationships and as a result, you will enhance the productive capacity of your organisation.

LabourSmart does not stop there! As part of its broader function it includes an interactive Bulletin Board where questions can be posed and answered. It provides ongoing information on various Training Interventions and it provides access to professional consultants, if necessary.

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LabourSmart Features

A comprehensive resource document detailing Best Operating Practices
All the skills and information for you to help yourself
Regular updates to the website on changing legislation
Labour relations and Human Resources advice / assistance
Telephonic access to a panel of labour consultants
Bulletin Board for posting questions, interacting and sharing experiences
Monthly newsletter detailing current labour issues

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What IR knowledge base does your Organisation have?

Do you have pro-forma Employment Contracts which distinguish between Permanent, Fixed-period and Casual employees?
Yes
No
Do you have a Disciplinary Code and Procedure that is legally compliant and protects the needs of your organisation?
Yes
No
Do you have an Incapacity Code and Procedure that is legally compliant and is user-friendly for your managers?
Yes
No
Do you have a clear Procedure to appraise performance and to deal with poor performance?
Yes
No
Do you have a Recruitment and Selection Process and Procedure which is legally compliant but ensures that the interests of your organisation are maintained?
Yes
No
Do you have a pro-forma Equity Policy and Plan which conforms to the Employment Equity Act?
Yes
No
Do you have a set of guidelines and checklists to assist you should you be required to attend the CCMA for Arbitration?
Yes
No
Do you have a legally compliant Strike Contingency Plan that protects your organisation during industrial action?
Yes
No
Do you have a well-defined and legally compliant Retrenchment Policy and Procedure?
Yes
No
Do you have Policy and Guidelines on how to deal with the employee who is persistently absent?
Yes
No
Do you have a clear policy and set of guidelines on how to deal with an employee who is HIV+, or has full-blown AIDS?
Yes
No
Do you have a clear policy and set of guidelines outlining how to deal with someone under the influence of alcohol or drugs at work?
Yes
No
Do you have a summary of the important day-to-day operational questions and answers that arise from the Labour Relations Act and the Basic Conditions of Employment Act?
Yes
No

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Summary of Contents - Industrial Relations Best Practices

1. ESTABLISHING THE EMPLOYMENT RELATIONSHIP

 

Recruitment, Selection and Induction
   
  Employing the wrong person can be highly disruptive to the organisation and can cost you money! The process of filling vacant employment positions requires a professional and methodical approach to ensure the ideal candidate is sourced. This chapter assists you in developing Recruitment and Selection skills, practical interviewing techniques and provides advice on how to professionally complete the exercise.
Application forms, guidelines and checklists are included.

 

Structuring the Employment Contract
   
  It is suggested that 3 different versions of Employment Contacts be considered in an organisation, and that these can be modified to suit your operational needs and circumstances:
* Fixed period contract
* Contract for permanent weekly paid employees
* Contract for monthly paid employees (white collar position)
Pro-formas of these contracts are provided in this chapter, and incorporate important legal protection and obligations to assist operational efficiency.

 

Labour Brokers, the Independent Contractor and the Fixed-term Contract
   
  This chapter looks strategically at the implications of tax and labour laws when contracting the above in order to create the optimum Employment Relationship.
A question and answer module is provided, with answers to commonly asked questions.

 

Complying with the Basic Conditions of Employment Act
   
  The aim of this chapter is to clearly and effectively interpret the requirements of the Act, highlighting the critical areas and issues and providing a practical understanding of your obligations and responsibilities.
This chapter includes a question and answer module of questions which commonly impact on the workplace.

2. MANAGING PERFORMANCE AND CONDUCT IN THE WORKPLACE

 

Setting Key Performance Indicators and Standards
   
  Managing performance professionaly is the key to excelling in your business sector and retaining and developing talented people. This chapter provides the guidelines to successfully integrate a Performance Management System into the total performance activities of the organisation.
Pro-forma forms, guidelines and checklists are included.

 

Performance Measurement and Appraisal
   
 

Managing performance via some practical method of performance appraisal is critical for any manager of personnel. It enables you to identify performance gaps, develop talented people and deal with ineffective people. This chapter guides you step by step through effective Performance Measurement and Appraisal.
Checklists, ratings methods and forms included.


 

Management of Poor Performance and Incapacity
   
 

If an employee fails to meet the performance standards of an organisation and there is no fault alleged on the part of the employee, the organisation should, in terms of the LRA, apply the Incapacity Procedure. This chapter provides detailed guidelines for recognising and dealing with poor performance in accordance with the Law and Best Operating Practices.
Pro-forma forms, checklists, procedures and letters included.


 

Dealing with Misconduct / Disciplinary Action
   
  Companies generally have an established set of disciplinary rules that specify standards of conduct required of the company employees. Where an employee breaches the Code of Company Conduct, and fault or intent is determined, the Disciplinary Process should be applied. This chapter provides guidelines for identifying misconduct as against incapacity and the processes and procedures to be applied to ensure legal compliance and Best Operating Practices.
Pro-forma forms, checklists, procedures and letters included.

3. BEST OPERATING PRACTICES

 

The key principle in the CODE OF GOOD PRACTICE (LABOUR RELATIONS ACT 1996) is that employers and employees should treat one another with mutual respect. A premium is placed on employment justice and the efficient operation of business.
The chapters below provide practical and user-friendly advice on how best to implement Best Operating Practices in your organisation, in line with the LRA and Code of Good Practice:
 

Dealing with Absenteeism - Policy and Practice
Managing Alcohol and Drugs in the workplace
Dealing with Theft and Dishonesty in the workplace
Managing Equity and Discrimination at work
Dealing with Retrenchment and Operational Requirement
Representing the Company at the CCMA - Conciliation Stage
Representing the Company at the CCMA - Arbitration Stage
Managing Industrial Action / Strikes / Lockouts / Overtime Bans
Dealing with Trade Unions in the workplace
Dealing with HIV / AIDS in the workplace
Dealing with Sexual Harassment in the workplace

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