Labour Landmines : 99 Ways to Succeed at the CCMA.

Cover -- Title Page -- Copyright Page -- Full Title Page -- Brit Hume Quote -- TABLE OF CONTENTS -- ABOUT THE AUTHOR -- INTRODUCTION -- Chapter 1: SOUTH AFRICA'S LABOUR DISPENSATION - HOW IT AFFECTS THE STAKEHOLDERS -- EMPLOYEES - AN EXPENSE OR AN INVESTMENT -- EMPLOYEES CANNOT HIDE BEHIND THE CORPORATE VEIL -- LABOUR BROKERS UNDER SEIGE -- USING LABOUR BROKERS AND TEMP AGENCIES NOT ALWAYS KOSHER -- BEWARE THE USE OF FIXED-TERM CONTRACTS -- NEDLAC PROCESS BESET BY CONFLICTING AGENDAS -- NEW LABOUR LAWS WEAKEN EMPLOYERS AND STRENGTHEN JOB LOSSES -- FOCUS OF SOUTH AFRICA'S LABOUR LAW DISPENSATION NEEDS TO BE BROADENED -- FOREIGN EMPLOYERS CAN'T ESCAPE SOUTH AFRICAN LABOUR LAWS -- Chapter 2: UNDERSTANDING SOUTH AFRICA'S LABOUR DISPUTE SYSTEM -- THE LABOUR DISPUTE SYSTEM - HOW IT WORKS -- CON-ARB AT CCMA HAS PROS AND CONS -- CCMA GUIDELINES ON MISCONDUCT CRUCIAL -- THE AWARDS OF ARBITRATORS MUST BE RATIONAL -- EASIER TO TAKE ERRANT ARBITRATORS TO TASK -- WHAT POWERS DO THE LABOUR COURTS HAVE -- INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION -- Chapter 3: EMPLOYEES HAVE MORE RIGHTS THAN RESPONSIBILITIES -- WHEN DOES A JOB APPLICANT BECOME AN EMPLOYEE -- TRAINEES ARE ALSO EMPLOYEES -- FORCED CHANGES TO EMPLOYMENT CONDITIONS NOT ON -- JAILED EMPLOYEES STILL HAVE RIGHTS -- TERMINATING FIXED-TERM CONTRACTS A HEADACHE -- AUTOMATIC TERMINATION CLAUSES DANGEROUS -- LABOUR LAWS PROTECT NEW MOTHERS -- EMPLOYMENT OF SEX OFFENDERS REGULATED -- ILLEGAL WORKERS ARE PROTECTED -- SANGOMAS NOT YET REGISTERED TO PROVIDE MEDICAL CERTIFICATES -- REFUSED PROMOTION CAUSES COMMOTION -- UNPLEASANT CCMA SURPRISES FOR EMPLOYERS -- DON'T MISS THE ARBITRATION HEARING -- DIRTY HANDS WILL BE CANED AT CCMA -- Chapter 4: EMPLOYMENT EQUITY LAWS - ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION -- EMPLOYMENT EQUITY OBLIGATIONS MUST BE MET.

CHINESE EMPLOYEES QUALIFY FOR AFFIRMATIVE ACTION -- EQUAL PAY FOR WORK OF EQUAL VALUE NOW COMPULSORY -- EMPLOYERS HAVE CLOSE SHAVE WITH RELIGIOUS DISCRIMINATION -- SEXUAL RELATIONSHIPS HARASS EMPLOYERS -- FALSE ACCUSATIONS OF RACISM DANGEROUS -- Chapter 5: RETRENCHMENT AND TAKEOVERS -- RETRENCHMENT - THE DUTY TO CONSULT -- POTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION -- WHAT IS A FAIR REASON TO RETRENCH -- RED TAPE BEDEVILS URGENT RETRENCHMENTS -- BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE -- EMPLOYERS CAN DROWN IN THEIR REDUNDANCY POOLS -- CONTRACTORS MUST TAKE OVER STAFF IN OUTSOURCING DEAL -- SECOND GENERATION OUTSOURCING: CAN YOU RETRENCH -- Chapter 6: MANAGING WORKPLACE CONFLICT -- STRIKES CAN MEAN DISASTER FOR EMPLOYERS -- WORKPLACE REBELLIONS CAN WREAK HAVOC -- IS WORKPLACE VICTIMISATION PROHIBITED -- GET THE @#&amp -- *!!Ä€» OUT OF MY FACE -- STAFF UNHAPPINESS IS NOT INCOMPATIBILITY -- DON'T SUSPEND EMPLOYEES IN ANGER -- TREAT WORKPLACE DISRUPTIONS WITH CARE -- Chapter 7: WHAT MAKES A DISMISSAL AUTOMATICALLY UNFAIR? AND WHAT ARE THE CONSEQUENCES -- MANAGEMENT SICK OF ABSENTEEISM -- EMPLOYEES WHO BLOW THE WHISTLE ARE PROTECTED -- DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY -- EMPLOYERS MUST CHANGE THEIR ATTITUDES TO GENDER REASSIGNMENT -- Chapter 8: DISCIPLINE - HOW TO BALANCE LABOUR LAW COMPLIANCE WITH BEST PRACTICE -- DON'T BYPASS YOUR OWN DISCIPLINARY POLICIES -- POOR CONDUCT CAN MEAN POOR MANAGEMENT -- INVESTIGATING MISCONDUCT IS A MUST -- DON'T DELAY IN DISCIPLINING EMPLOYEES -- UNFAIR DISCIPLINE CAN CAUSE CONSTRUCTIVE DISMISSAL -- THE VALIDITY OF PRIOR WARNINGS IS A VEXED ISSUE -- FAULTY SUSPENSIONS CAN HANG EMPLOYERS -- Chapter 9: UNDERSTANDING WHAT FAIR DISMISSAL PROCEDURE IS -- WHEN IS A FORMAL DISCIPLINARY HEARING NECESSARY -- PRESIDING OFFICERS MUST BE UNBIASED -- LAWYERS MAY BE ALLOWED AT DISCIPLINARY HEARINGS.

DOUBLE JEOPARDY MEANS DOUBLE WHAMMY FOR EMPLOYERS -- Chapter 10: WHAT IS A FAIR REASON FOR DISMISSAL UNDER THE LAW -- WHEN IS DISMISSAL FAIR -- 'SHOOT FROM THE HIP' EMPLOYERS ARE BREACHING PROBATIONARY LAW -- TWELVE REASONS FOR EMPLOYERS TO BE CAUTIOUS -- YEARS OF SERVICE A MITIGATING FACTOR -- APPLY YOUR WORKPLACE DISCIPLINE CONSISTENTLY -- FIRING THE LOT COULD PUT YOU IN A SPOT -- BEWARE DISCIPLINING EMPLOYEES FOR OFF-SITE MISCONDUCT -- BRING PROOF THAT TRUST HAS BEEN DESTROYED -- EXTERNAL PRESSURE DOES NOT JUSTIFY DISMISSAL -- INTOLERABLE EMPLOYMENT RELATIONSHIP PIVOTAL TO JUSTIFY DISMISSAL -- TRAPPING AND ENTRAPMENT NOT THE SAME -- BEWARE CANCELLING CONCLUDED EMPLOYMENT CONTRACTS -- Chapter 11: WORKPLACE MISCONDUCT AND ITS CONSEQUENCES -- INSUBORDINATION NOT ALWAYS DISMISSIBLE -- MANAGERS PROHIBITED FROM BITING SUBORDINATES -- CONFLICT OF INTERESTS -- EMPLOYEES SHOULD NOT FALSELY ACCUSE EMPLOYERS -- EMPLOYERS MUST PROVE DERELICTION OF DUTY CHARGES -- DISHONESTY WON'T ALWAYS MERIT DISMISSAL -- FALSIFICATION OF CREDENTIALS NOT ALWAYS DISMISSIBLE -- POOR PERFORMANCE DOES NOT AUTOMATICALLY MERIT DISMISSAL -- DEAL CAUTIOUSLY WITH ABSENTEEISM -- Chapter 12: HOW TO MANAGE FAIR DISCIPLINARY HEARINGS -- DISCIPLINARY HEARINGS - BE PREPARED -- HEARSAY EVIDENCE CAN RENDER DISMISSALS UNFAIR -- WITNESSES ARE KEY AT HEARINGS -- ALLOW EMPLOYEES TO ATTEND THEIR DISCIPLINARY HEARINGS -- CRACK DOWN ON DISRUPTIONS OF DISCIPLINARY HEARINGS -- CROSS-EXAMINATION IS A RIGHT -- DISCIPLINARY HEARINGS MUST BE HONEST -- Chapter 13: EMPLOYERS MUST KNOW THEIR RIGHTS AND OBLIGATIONS -- WHO WILL GUIDE YOU THROUGH THE LABOUR LAW MINEFIELD -- EMPLOYEES HAVE A FIDUCIARY DUTY TOWARDS THE EMPLOYER -- LABOUR LAW TRAINING PUTS MANAGEMENT BACK ON TRACK -- EMPLOYERS MUST PROTECT THEMSELVES -- LACK OF DISCIPLINARY EXPERTISE CAN PROVE COSTLY -- INDEX -- Back cover.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.