Employee Relations Management
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Industrial relations deal with the relationship between employees and employers. It has three parts: ethical, problem-solving and science building. A problem in industrial relations can lead to an industrial dispute.
This field examines the relationship between labor and management, as well as the government and organizations regulating the industrial relations system. A sound system leads to a cooperative relationship, less conflict, and better productivity.
South Africa manages industrial relations according to labor contracts and relevant laws, including the LRA, BCEA, council agreements, and sectoral determinations. Unions and employer organizations help with collective bargaining, leading to council agreements that conform to minimum requirements set in the BCEA. Employer and employee rights are stated in these agreements.
Basic Guides & Good Practice
Basic Guides & Good Practice under Industrial Relations refers to the established principles and guidelines that govern the relationship between employers and employees in the workplace. These guides provide a framework for addressing common issues and conflicts that arise in the employment relationship, and they promote good practices that enhance workplace harmony and productivity.
Strikes & lockouts
Strikes and lockouts are forms of industrial action that are often used by employees and employers respectively to bring attention to their grievances or demands. While they can be effective in resolving disputes, they can also have negative consequences such as loss of income and damage to the employment relationship.
Unions & employer organisations
Unions and employer organisations play a vital role in industrial relations by representing the interests of their respective members. Unions represent the interests of employees, while employer organisations represent the interests of employers. They are involved in collective bargaining, dispute resolution, and the development of policies and codes that govern employment relationships.
Codes & Policies
Codes and policies are sets of guidelines that are developed by employers, unions, and other stakeholders to promote good industrial relations. These codes and policies cover a wide range of issues such as workplace health and safety, discrimination, and employment contracts.
CP001 - Disciplinary Code and Procedure
The disciplinary code is an important document and regulates discipline in the workplace. It guides employers as well as employees in terms of rules and regulations as well as penalties that may be invoked in the case of an employee being found guilty of misconduct.
R200.00
CP002 - Incapacity Policy and Procedure
The Incapacity Policy and Procedure comprises the Employer’s Incapacity Policy and Procedure pertaining to Incapacity owing to poor work performance and/or ill health in the workplace and regulates the management processes to assist employees and in certain cases processes and procedures for dismissal owing to Incapacity.
R200.00
CP003 – Grievance Policy and Procedure
A grievance policy and procedure is integral to any good functioning workplace. The Grievance Policy and Procedure opens up an avenue for employee/s to lodge complaints and grievances. A Grievance Policy when applied fairly and consistently assists in the protection of employers from cases of alleged constructive dismissal as employees in such cases need to show that the Grievance Policy and Procedure were reasonably
R200.00
CP004 - Sexual Harassment Policy and Procedure
The Sexual Harassment Policy and Procedure assists employers in managing, dealing with, and preventing cases of sexual harassment in the workplace. The policy is used in conjunction with the disciplinary code. Sexual Harassment is a serious offense and may result in dismissal.
R200.00
CP005 – Internet, E-mail, Wifi, Social and Electronic Media Usage Policy
This policy assists employers and employees in understanding their rights and obligations regarding the usage of the Internet and e-mail in the workplace. Deviation from this code and policy constitutes serious misconduct which may result in dismissal in certain circumstances.
R200.00
CP006 – Policy on the management of cases of HIV and AIDS in the workplace
The HIV and AIDS policy gives guidelines to employers on how to handle cases and assist with cases of HIV and AIDS in the workplace. It may be applied in conjunction with the Incapacity Policy. This policy is often applied with CP002, the cade and policy managing Ill Health and Incapacity.
R200.00
CP007 – Smoking Policy
The Smoking Policy regulates smoking in the workplace; where and when and under which circumstances it is allowed. Deviation from this policy constitutes serious misconduct, may be punishable by law, and may constitute a breach of safety regulations. Breach of the Smoking Policy may result in Dismissal.
R200.00
CCMA Rules, Dispute Referral and Related Forms
Dispute referral and related forms are used by employers, employees, and unions to initiate dispute resolution procedures. These forms provide information about the nature of the dispute, the parties involved, and the desired outcome.
7.11 Referring a dispute to the CCMA for conciliation With POPIA Disclaimer
To refer a dispute to the CCMA or Bargaining Council, a referral form, also known as an LRA 7.11 form, must be completed and filed on the opposing party in terms of Rule 10 of the CCMA Rules. A general misconception is that only dismissed employees can initiate disputes and refer cases to the CCMA. Employees, employers, trade unions, and employer’s organisations are also entitled to refer cases to the CCMA, and the LRA 7.11 form makes provision for such referrals. The 7.11 referral forms are available on hard copy from the CCMA offices, the Department of Employment and Labour, and electronically on the CCMA website.
7.12 Certificate of Outcome with POPIA
A certificate of outcome, also referred to as the 7.12 form, is a document completed and issued by the Commissioner at the CCMA or Bargaining Council after conciliation proceedings, allowing the Applicant to proceed to arbitration or litigate at the Labour Court. This document allows the Applicant to proceed to the next stage of their case, and the Applicant cannot proceed further with their case without attaching a copy of the certificate of outcome. The pro forma certificate makes a provision for the Commissioner to categorise the dispute and indicate the forum or the following process to follow in resolving the conflict. In other words, the Commissioner must indicate on the certificate whether the dispute should proceed to arbitration, adjudication at the Labour Court, or to embark on strike action. Rule 15 of the CCMA Rules states that a certificate of outcome must identify the nature of the dispute as described in the referral document or as determined by the Commissioner during the conciliation process.
7.13 Request for Arbitration With POPIA
WHAT IS THE PURPOSE OF THIS FORM? - If conciliation fails, a party may request that the CCMA resolve the dispute by arbitration. WHO FILLS IN THIS FORM? - The party requesting the arbitration. (Demarcation disputes (Section 62) must be processed on LRA Form 3.23)
7.18A Application to Certify Bargaining Council Award with POPIA
WHAT IS THE PURPOSE OF THIS FORM? - This form requests the Director or delegated Commissioner of the CCMA to certify that an award issued under the auspices of a Bargaining Council is an award issued by a Bargaining Council Arbitrator.
7.21 Request for Advisory Award on Whether a Person is an Employee with POPIA Consent
THE PURPOSE OF THIS FORM - This form is a request to the CCMA to issue an advisory award determining whether a person is an employee. WHO FILLS IN THIS FORM? The parties to any working arrangement may request an advisory award provided the affected person/s earn R149.736 per annum or less.
7.22 Acceptance rejection variation advisory arbitration award
Parties must indicate their acceptance or rejection of the advisory arbitration award within seven (7) days from the date on which the award is issued. If a party fails to indicate acceptance or rejection of the award within the seven (7) day period read that party will be deemed to have accepted the award
7.23 Appl for extention of conciliation period
The Commissioner or any of the parties to the dispute may request the Director to extend the conciliation period where it is believed that there are prospects of reaching a settlement. This Application must be served on all relevant parties. No objection to the application will be considered.
CCMA Rules-Effective 24 April 2023
As of April 24, 2023, the Commission for Conciliation, Mediation, and Arbitration (CCMA) rules have been updated. The CCMA, a statutory body in South Africa, is responsible for resolving labor disputes. The revised rules aim to enhance the efficiency and effectiveness of the dispute resolution process. They likely include provisions for the filing of disputes, conciliation procedures, representation during proceedings, and the conduct of arbitration hearings. Parties involved in disputes should familiarize themselves with the updated rules to ensure compliance and to facilitate a fair and expeditious resolution of their labor-related issues. It is advisable to refer directly to the official CCMA documentation for comprehensive details on the specific changes and procedures outlined in the updated rules as of April 24, 2023.
Forms to manage Disciplinary and Incapacity procedures
Forms are used in various aspects of industrial relations, such as dispute resolution, collective bargaining, and disciplinary procedures. These forms provide a standardised format for recording information and ensuring that all relevant details are captured.
F001 – CP002 NOTICE TO ATTEND COUNSELLING FORM
A Notice to attend a Counselling is used to notify an employee to attend a counselling discussion for either Poor Work performance or Ill-Health. Counselling sessions intend to assist employees and to determine the existence of any incapacity, negatively impacting on the Employee. The intent is not punitive, but dismissal could follow when counselling proofs ineffective.
R100.00
F002 – CP002 PROCEDURAL APPLICATION FORM
The Procedural Application Form is used by an employee to request either closer particulars, representation, postponement, and interpreter, for the employer to secure witnesses or another relevant procedural aspect to be clarified. The form consists of 3 pages, the full document is available to members.
R100.00
F003 - CP002 RECORD OF COUNSELLING FOR ILL HEALTH FORM
A record of a counselling for ill-health confirms to an Employee the Time, Date and Place where the counselling will take place. It confirms the alleged deviations where the Employee is allegedly falling short from required standards of work, KPI’s and achievable output requirements owing to Ill Health. When incapacity is owing to ill health the employer needs to comply with the requirements in Items 10 and 11 of the Code of Good Practice – Dismissal and noted in the Labour Relations Act, Act 66 of 1995 as amended. The aim of counselling for ill-health would be to determine if the Employees’ work circumstances, work requirements or the workplace can be adapted. It aims to determine the severity of illness and/or disability and if the Employee can be replaced in the short term or not.
R100.00
F004 – CP002 RECORD OF COUNSELLING FOR POOR WORK PERFORMACE FORM
A record of a counselling for Poor Work Performance confirms to an Employee the Time, Date and Place where the Counselling will take place. It confirms the alleged deviations where the Employee is allegedly falling short from required standards of work, KPI’s and achievable output requirements owing to Poor Work Performance related to skill or other shortfalls. Poor Performance Counselling may result in dismissal with notice in the event that the Employee fails to reach required standards or work output requirements after a reasonable intervention. Poor performance counselling should not be confused with Discipline for Negligence.
R100.00
F005 – CP002 WRITTEN DEVIATION WARNING FORM
A written Deviation Warning Form is issued to an employee following a formal or informal counselling to place on record that the Employer discussed a deviation with the Employee. The form may instruct the Employee which processes to implement to better performance/output requirements or standards or in the event of issue related to ill health, how the Employee should timely communicate situation for intervention to the Employer.
R100.00
F006 – CP002 SERIOUS WRITTEN DEVIATION WARNING FORM
A Serious Written Deviation Warning Form is issued to an employee following a formal or informal counselling to place on record that the Employer discussed a deviation with the Employee. It follows on a Written Deviation Warning and indicates more serious action to follow in the case of continued non-conformance. The form may instruct the Employee which processes to implement to better performance/output requirements or standards or in the event of issue related to ill health, how the Employee should timely communicate situation for intervention to the Employer.
R100.00
F007 – CP002 FINAL WRITTEN DEVIATION WARNING FORM
A Final Written Deviation Warning Form is issued to an employee following a formal or informal counselling to place on record that the Employer discussed a deviation with the Employee. It follows on a Serious Deviation Warning and indicates more serious action to follow in the case of continued non-conformance. The form may instruct the Employee which processes to implement to better performance/output requirements or standards or in the event of issue related to ill health, how the Employee should timely communicate situation for intervention to the Employer.
R100.00
F001 – CP001 Notice to Attend a Disciplinary hearing
A notice of a Disciplinary Hearing Form is usually used to initiate disciplinary action against an employee. This document confirms the date, time, and venue of the hearing. The form confirms if the employee is suspended or not, which charge/s is/are alleged about the alleged misconduct of the employee and the Notice to Attend a Disciplinary Hearing also confirms the rights of the employee.
R100.00
F002 - CP001 Notice Cautionary Suspension
A Notice of Suspension is used by an employer to suspend an employee pending the employee being notified of a disciplinary hearing/inquiry. It is sometimes necessary for an employer to remove an employee during an investigation for alleged misconduct or where the employee may cause harm to the workplace / fellow employees. A notice of Suspension further confirms that an employee is merely suspended and not dismissed. This notice is primarily used to suspend employees on a cautionary basis, pending possible disciplinary action.
R100.00
F003 – CP001 Procedural Application Form for Disciplinary Process
The Procedural Application Form is used by an employee to request either closer particulars, representation, postponement, the use of an interpreter, for the employer to secure witness or other relevant procedural aspects to be clarified.
R100.00
F004 – CP001 Record of a Disciplinary Hearing
A Record of a Disciplinary Hearing form ensures that the Employer follows a reasonably fair procedure. The Record of a Disciplinary Form ensures that the Employer reasonably complies with Procedural Fairness. It allows for an initial preliminary stage to confirm Procedural Fairness about the employees’ rights; it allows for a plead, parties to state facts; cross-examination; mitigation aggravation, and other relevant factors before a finding is reached and a penalty decided on if relevant.
R100.00
F006 – CP001 Written Warning Form
Written Warning is used in conjunction with the disciplinary code. A written warning will usually be the first prescribed penalty for lesser deviations from rules and/or misconduct at first instance or it will follow a verbal warning owing to the application of progressive discipline as recommended in the Disciplinary Code.
R100.00
F007 – CP001 Serious Written Warning Form
A Serious Written Warning is used in conjunction with the disciplinary code. A Serious Written Warning will either be the prescribed penalty for more serious deviations from rules and/or misconduct at first instance or it will follow a written warning owing to the application of progressive discipline as recommended in the disciplinary code.
R100.00
F008A – CP001 Final Written Warning Form
A Final Written Warning is used in conjunction with the disciplinary code. A Final Written Warning will either be the prescribed penalty for more serious deviations from rules and/or misconduct at first instance or it will follow a Serious Written Warning owing to the application of progressive discipline as recommended in the disciplinary code.
R100.00
F008B – CP001 Final Written Warning and Unpaid Suspension Form
A Final Written Warning is used in conjunction with the disciplinary code. A Final Written Warning will either be the prescribed penalty for more serious dA Final Written Warning and Unpaid Suspension Form is a form to confirm a penalty sometimes used as a Final Resort Short of Dismissal where the Employee could ordinarily be dismissed but mitigating arguments are of such that a chairperson in the hearing issues a further Final Warning and escalates it with combining the Final Written Warning with Unpaid Suspension. deviations from rules and/or misconduct at first instance or it will follow a Serious Written Warning owing to the application of progressive discipline as recommended in the disciplinary code.
R100.00
F009 – CP001 Disciplinary Appeal Form
This notice is used by an employee to apply for an Appeal Hearing following an outcome in a Disciplinary Hearing where the employee wishes to bring to the attention of the chairman that procedural and/or substantive aspect/s of the hearing/outcome should be reconsidered.
R100.00
F011 – CP001 Notice of Dismissal
A Notice of Dismissal is used to notify an employee of the employee’s dismissal, the effective date and time of the dismissal, and if the dismissal is with or without notice. It notifies the employee of the employee’s right to challenge the dismissal in the CCMA or a relevant Bargaining Council as well as the employee’s right to appeal the decision. It also instructs the employee when to collect final documentation and payment where applicable.
R100.00
