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1. STARTING A BUSINESS - THE EMPLOYMENT PROCESS – DETERMINING THE EMPLOYMENT SYSTEM THAT BEST SUITS YOUR COMPANY'S NEEDS AND LEGISLATIVE COMPLIANCE What type of employee suits your company’s needs? For example: fixed term employees, permanent employees, tender system, employment agencies (temps), outsourcing. The difference between employees and independent contractors. 1.2. PRACTICAL STEPS FOR LEGISLATIVE COMPLIANCE (Summary of Basic Conditions of Employment Act to be kept, Information Manual; Employment Equity Act, Labour Relations Act, Occupational Health & Safety Act - Return of Earnings, UIF Act, Protected Disclosures Act, etc) 1.2.1 Having employment contracts 1.2.2 Drafting Code of Conduct. 1.2.3 Disciplinary procedures in place. 1.2.4 Grievance procedures in place. 1.2.5 The BCEA on the wall. 1.2.6 Attendance register. 1.2.7 Payslips 1.2.8 Registering with various relevant bodies such as UIF, Bargaining Council, Compensation Commission, Public Liability Insurance, skills levy, etc. This can be done via the Internet: 1.2.9 Complying with the codes of good practice.
2. PREPARING AND CONDUCTING DISCIPLINARY HEARINGS / DEFENDING A DISCIPLINARY HEARING 2.1 Evaluating the problem. 2.2 The choice to accelerate or decelerate 2.3 Distinguishing between misconduct and incapacity. The two different types of incapacity. 2.4 If a misconduct issue, formulate and draft charges in terms of the code. 2.5 Formulating & drafting charges in terms of the code. PRACTICAL EXERCISES ON REAL-LIFE SITUATIONS AND DRAFTING CHARGES ACCORDINGLY 2.6 Selecting the chairperson. 2.7 Notification & suspension if necessary. 2.8 Collecting evidence and preparing bundle. 2.9 Deciding on and preparing company witnesses. 2.10 Drafting evidence questions for company witnesses. 2.11 Preparing company witnesses for cross-examination. 2.12. Drafting cross-examination questions for accused employee 2.13. Drafting cross-examination questions for employee's witnesses PRACTICAL EXERCISES ON DRAFTING CROSS-EXAM QUESTIONS BASED ON ABOVE REAL-LIFE SITUATIONS 2.14 Preparing opening and closing statements. 2.15 Compiling factors in aggravation. 2.16 Ensure chairperson correctly selected and organized. 2.17 Checklist for chairperson. 2.18 Pleading process. 2.19 Presenting evidence and witnesses. 2.20 Cross-examination by employee. 2.21 Employee’s defence witnesses. 2.22 Cross-examination by employer of employee and witnesses. 2.23 Chairperson’s report & findings 2.24 Follow-up process & the appeal process. PRACTICAL ROLE PLAYS OF DISCIPLINARY HEARINGS BASED ON ABOVE EXAMPLES
3. DEALING WITH REFERRALS FOR UNFAIR DISMISSALS AND/OR RETRENCHMENTS AT THE CCMA / BARGAINING COUNCIL 3.1 The referral form LRA 7.11 - Objection to con-arb 3.2 Preparing for conciliation 3.3 Jurisdictional issues. 3.4 Points in limine - what are they, when and how to raise them. 3.5 The issue of representation. 3.6 Rules of Evidence & cross-examination - How to prepare questions for witnesses. 3.7 Disputes that must be arbitrated - How to prepare for arbitration - pre-arb checklist. 3.8 Deciding on witnesses. 3.9 Issuing subpoenas. 3.10 Pre-arbitration conference. 3.11 Bundle of documents. 3.12 Preparing and checking your evidence and cross examination questions, preparing your opening statement, drafting closing statement depending on the evidence presented and case research. 3.13 The Rules of the CCMA. 3.14 Awards, settlement issues & agreements. 3.15 Difference between rescission and review
4. RETRENCHMENT OR RESTRUCTURING - THE ECONOMIC RATIONALE 4.1 Section 189 of the LRA. 4.2 Distinguishing between company’s financial problems and operational requirements. 4.3 Downsizing - staff reduction - Code of Good Practice on Retrenchment 4.4 Redundancy. 4.5 Introducing changes to company structures & job requirements 4.6 Selling or buying a company (transfer as a going concern) - voluntary liquidation. 4.7 Short time
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