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Course Title: Andrew Levys Labour Law in Practice
Understanding the principles that apply in the workplace
INTRODUCTION
This 3-day programme has been developed by Andrew & Dan Levy, South Africa’s most experienced and respected labour practitioners. Andrew & Dan will ensure that you have a keen understanding of the requirements of the labour statutes that influence management decision making. They will ensure that you make the right decisions based on the requirements of the LRA, BCEA, EEA and the recommendations of various labour codes, as well as the important principles emanating from decided labour court cases.
OBJECTIVES OF THE COURSE
• To provide an understanding of the SA labour framework and the role of trade unions
• To get participants up to speed with the current labour laws and practice governing employment relations in the workplace
• To provide participants with employment guidelines, starting from the initial recruitment exercise to the final termination or dismissal
• To enable participants to handle discipline and dismissal matters without ending up in the CCMA
• To enable participants to align their disciplinary procedures in line with the Code of Good Practice: Dismissal
• To enable participants to handle frequently occurring problems in the workplace efficiently and effectively.
WHO SHOULD ATTEND?
This three day programme is designed for those individuals who want an instant overview of the labour scenario, or to refresh their understanding of current labour practice without studying the laws in detail, or paying consultants to interpret them. Namely: Employee and Industrial Relations Managers, Line Management, Senior Personnel, Legal Advisors, Practising Attorneys, and Civil
Servants in Advisory Positions, Union Office Bearers or Officials, and Business Owners.
DAY ONE
An introduction to industrial relations in South Africa
• The 3 major players: Employers, Trade Unions and the Government and how they interact
• The emergence and role of trade unions
• An introduction to labour law
• Common law obligations of the employee and how managing discipline, dismissal and performance relates to it
• The three major statutes - LRA, BCEA and EEA and how they govern the employment relationship
• BEEE and Employment Equity requirements
DAY TWO
Working hours, attendance, leave and pay
• What the BCEA says about minimum standards and what every employer should know about them
• Discipline and dismissal - An overview of the law of dismissal with special emphasis on misconduct and incapacity
• The Code of Good Practice: Dismissal - aligning your disciplinary procedures to gain maximum flexibility and benefit
DAY THREE
Frequently Occurring Problems
Find out how to deal with every day workplace problems efficiently and effectively, these include:
• Absenteeism and the abuse of sick leave
• Dishonesty, theft and fraud
• Incapacity and poor performance
• Insubordination and failure to obey instructions
• Drinking at work and drug use
• Conducting a disciplinary investigation and the gathering of evidence
COURSE DIRECTORS
Andrew Levy is one of South Africa’s best-known labour resources. He has been in the labour field for thirty-five years, has written four books on labour law and practice. As a teacher, researcher, consultant and labour commentator he has been at the forefront of South African labour developments. He presents a regular round of seminars each year and enjoys his contact with a broad range of delegates from all industries.
Andrew with masters degrees in both labour economics and labour law, has consulted to a wide range of large, small, local and international organizations on the management of industrial relations, he has also provided statistical analysis to the International Monetary Fund, The International Labour Organization and South African institutions. Having sold Andrew Levy & Associates, the Consultancy he founded in 1979, he now operates independently as Andrew Levy Employment, researching, writing and consulting and teaching.
Daniel Levy
After spending two years at the University of the Witwatersrand studying for an LLB, Daniel decided to embark upon a more practical career path and undertook a two and half year position at a Johannesburg based manufacturing company within the packaging industry. Here he observed the ins and outs of trade-unions, employee relations and the practical application of HR related functions. In 2007 he joined Andrew Levy Employment. In the past four years he has chaired close to one hundred separate disciplinary hearings, ranging from minor infractions to gross dishonesty, theft and complicated frauds. In addition Daniel consults regularly on behalf of the practice, giving both strategic and tactical advice, and helping employers manage their poo rperforming or dishonest staff. He also conducts regular training installations for clients, helping their management team learn the practical application of the South African law of dismissal and related labour law issues. He plays a strategic role in the management of Andrew Levy Employment, and he is currently considering the completion of a degree in Human Resources. When not smiting the ungodly he enjoys staying up to date with technology and has a particular interest in the behavior of employees and internet related misconduct.
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