IP 314 A2

Macro-environment/economic influences (CAS)

Economic, political, legal, and social factors

Conflict resolution (CAS)

Structures (NEDLAC) and Processes (conciliation/mediation)

Outcomes (CAS)

1. social pacts

2. substantive agreements

3. recognition and procedural agreements

Macro-environmental drivers

1. market drivers (economic factors)

2. non-market drivers (social and political)

Market drivers

labour economics

economy and government economic policy

inflation and cost of living

unemployment

poverty and inequality

Non-market drivers

government labour legislation

education and skills development

trade unions and collective bargaining

the social wage

migration and demographics

Broad Objectives of Labour Relations

1. rights and obligations of employees, unions, employers, and employer organisations

2. promotion of collective bargaining and worker participation

3. dispute resolutions and labour peace

Historical developments of Labour Relations in SA

1. colonialism

2. apartheid

3. democratisation, transition, and consolidation

Apartheid

1. institutionalisation

2. intensification

3. decline

Rights of employees ito dismissal

• non to be unfairly dismissed

• not be subjected to an unfair labour practice

Section covering rights of employees ito dismissal

section 185

Dismissal occurs when:

the employer terminates employment with or without notice

an employee resigns because the employer made continued employment intolerable for the employee

The section covering the definition of dismissal

section 186

Automatically unfair dismissals

employee participated in, supported, or intended to participate in or support a strike or protest action that complies with chapter 4 of the LRA

related to a transfer, or a reason connected to a transfer

the section covering automatically unfair dismissals

section 187

Exceptions to automatically unfair dismissals

inherent requirements of the job

employee reached normal retirement age, or an agreed to retirement age

Code of Good Practice on fair reasons for dismissal

1. conduct

2. capacity

3. operational requirements

General principles of dismissal and discipline for misconduct according to Code of Good Practice

• employers rules must promote certainty and consistency

• standards of conduct must be made clear and available in an easily. understood format

• progressive discipline

• dismissal as a penalty must be applied consistently, taking past practice into account

Progressive discipline

• formal disciplinary action is not necessary every time a rule is broken

• discipline should progressively become more serious

• dismissal should usually be last resort

Common forms of misconduct

• dishonesty, failing on the duty to act in good faith

• assault, fighting, or harassment

• racist behaviour

• timekeeping and attendance

• negligence

• insubordination

• drinking and drugs

• unprotected strike

• refusal to work

Substantive fairness

deals with whether there was a fair reason to be dismissed

Procedural fairness

1. employer should investigate whether grounds for dismissal exists

2. employer must receive reasonable rime to prepare and be allowed to state their case

3. employee may be assisted by a union representative or a fellow employee

4. discipline involving union representatives, office bearers, or union officials requires additional caution

5. employees must receive reasons for dismissal and be informed of rights to refer the dispute to a bargaining council/CCMA

6. in exceptional circumstances, employer may dispense with pre-dismissal procedures

Disciplinary measures short of dismissal

1. warning

2. suspension

3. transfer

4. demotion

5. resignation instead of dismissal

Types of suspension

punitive (without pay) and precaution (with pay)

Misconduct vs incapacity

misconduct refers to fault/wrongdoing while incapacity relates to inability or incompetence

Operational requirements

economic, technological, structural, or similar operational needs. usually linked to retrenchments or redundancies