Industrial Relations

Recapturing Management's Right to Discipline Internal relationships and practices have become critically important. They affect your managers' role, since they are responsible for managing industrial relations at the interface level. They need proper orientation. They must know the legal rules and realize that discipline is not the mechanical application of steps in a procedure. You must equip them with the knowledge and skills they need to deal with day-to-day disciplinary problems. No company can afford the erosion of the Management's right to discipline. Nor can a company afford to negotiate and compromise about discipline. You cannot afford to lose face by having to change a disciplinary ruling because of a needless blunder. You can afford improved performance standards through firm supervision. This Skills Shaping Seminar® will provide you with proven, successful techniques to give you the edge in preserving positive discipline. Proven techniques The seminar's aim is a straight as its title. . . . to inform your managers how to recapture, preserve and enhance Management's right to discipline. Through highly interactive lectures and workshop sessions, you will receive in-depth instruction and a comprehensive grasp of the current extent of your managerial prerogative to discipline employees. In-house presentations focus on your Company's needs and procedures. You will get proven, successful techniques to give you the edge in preserving positive discipline. Not only must you know the legal rules, but you must realize that discipline is not the mechanical application of steps in a procedure. You'll discover the knowledge and skills they need to deal with day-to-day disciplinary problems. For in-house presentations, we tailor the seminar suit the needs, policies and procedures of your company or organization. Seminar Agenda 1.     The Legal Framework of What You Can and Cannot Do Discipline and the Labour Relations Act.  The significance of  labour law for yourself and for your employees and the union representing them. 2.     The Dynamics of a Positive Disciplinary Procedure A streamlined structure for a Disciplinary Procedure. The role of your supervisors, complainants, union shop stewards, the chairperson of the hearing, and the IR Specialists. How to decide where  to enter the Disciplinary Procedure for a particular offense. How to decide whether an employee can be disciplined for an offense. Questions you should ask yourself in the event where an employee has breached a contractual term. 3.     Getting Mileage Out of Warnings Techniques to help you prepare for the disciplinary interview. A model for conducting a firm disciplinary interview that can be applied to any job. Critical mistakes to avoid. The validity periods of warnings. 4.     Assessing the Suitability of Alternative Disciplinary Sanctions        Demotion        When may Management demote an employee?        What can an employee do about demotion?        Is demotion a suitable disciplinary sanction?        Transfers        Legal requirements.        Should transfers be used as disciplinary sanction?        Suspension        May an employee be suspended and, if so, for how long?        When would suspension be an unfair labour practice?        Legal consequences. Do's and Don'ts. 5.     Executing Fairness        Procedural Fairness        Management Duties        Employee Rights        The duties of the Chairperson of a hearing        Postponement of hearings        Types of evidence and how to evaluate evidence        Checklists        Substantive Fairness        The Reason for Dismissal        The burden of proof        What must Management prove to make a charge "stick"?        Theft, Fraud, Drunkenness, Refusal of instructions        Circumstances you should consider        Condonation of misconduct 6.     Asserting Management's Right to Dismiss        Types of Dismissal.        What must be proved in respect of particular types of offenses?        When is summary dismissal justified?        Legal requirements for dismissal with notice.        What are the Companies duties in respect of appeals? 7.     Handling Particular Problems        How to deal with any major offence.        How to deal with absences.        How to deal with drunkenness on duty.        How to deal with drinking on the job.        How to deal with disobedience. Duration: Two days Back to the page top How To Resolve Employee Conflict — Magic Mediation Tools For Managers Are there conflict time-bombs in your workplace? Defuse conflict and build teamwork with the magic of mediation. Use a simple, yet powerful, proven communication tool designed for workforce 2000. You'll learn when problems can best be solved by mediation tools designed for managers. By using these simple tools, you'll build better relationships, enhance performance, improve productivity, and cut the unnecessary financial costs of workplace conflict. Reduce the hidden cost of “silent conflict”. This seminar is for managers, supervisors, and human resources staff. Back to the page top Seminar Agenda A better way to handle communication problems and personality clashes. Consequences of conflict — measuring the cost of conflict in your organization. Types of conflict — manager-employee, employee-manager, and employee-employee. When mediation tools will work for a manager — and when they won't. Preliminary meetings with employees — the surprising purpose of “getting the facts”. Managing the context — mostly common sense, but vitally important and often overlooked. The three simple, but practical tasks of the manager when using mediation tools. Contracting for agreement — making deals that stick. Video demonstration — how to mediate as a manager or team leader. Practice sessions — constructive, guided feedback to build practical skills. Duration: One day Back to the page top Showing Managers How to Manage Grievances Discover the techniques to solve individual and group grievances. Step by step, you'll learn how to approach any grievance and how to encourage an employee to tell you the real reason for his or her grievance. How to create an atmosphere that will help you solve the problem. Identify the pitfalls to avoid. Duration: Half day Back to the page top Winning at Arbitration — Making It Happen! Get the essential knowledge and skills to win at arbitration. You will learn how to prepare and present a case for arbitration. Learn the advantages and disadvantages of arbitration. How to negotiate an arbitration agreement. Appointing an arbitrator. Your legal rights in terms of the Labour Relations Act. The pre-arbitration conference: learn how to streamline the arbitration so that you won't get bogged down by unnecessary red tape. Master the basics of the law of evidence so that you can present your case with impact. Who starts the arbitration? The opening statement. Calling of witnesses. Tips on cross-examination and re-examination. Back to the page top Seminar Agenda What Is Arbitration? The process under the Labour Relations Act The process under the Arbitration Act The role of the arbitrator Regular arbitration Pendulum arbitration Advantages and disadvantages of arbitration The Arbitration Agreement What is an arbitration agreement? Voluntary and compulsory arbitration Negotiating the arbitration agreement What to include in the arbitration agreement Agreement enforceability Appointing the Arbitrator Choosing the “right” arbitrator Qualifications and competence Impartiality Failure to agree on whom to appoint The Pre-Arbitration Conference Exploring a settlement Limiting the issues in dispute Agreement on common cause and the issues in dispute Agreement on discovery of documents Subpoenaing of witnesses Agreement on venue, time, date and cost of the arbitration proceedings Deciding whether the arbitrator or the parties may publish the award Legal representation Record of proceedings Agreement on witness protection Marking of exhibits Applying the Rules of Evidence The burden of proof Admissibility of evidence Admission of guilt Evaluation of evidence by the arbitrator Preparing Your Case Elements you must prove How do you intend to present and conduct your case? Direct examination Anticipating the other side's case Cross-examination Counselling of witnesses Researching the law Techniques in the Conduct of Cases Duty to begin The opening statement Weaknesses in your case Leading of witnesses Expert witnesses Cross-examination and re-examination The closing argument Duration: Two days Back to the page top Labour Law for Leaders  Get a solid background and knowledge of employment and collective labour law. How to use the law in your daily handling of employment matters. Mistakes can be very costly, both financially and in a loss of management authority. Find your way through the maze of legal rules, because labour law forms an inseparable part of industrial relations. Learn your legal rights and duties, and those of employees and even work seekers. Discover the protections employees now enjoy. The new law on union subscriptions, closed shop agreements and agency shop agreements. Shop stewards' rights. Find out everything about the information you must disclose to a trade union. When you may refuse to disclose information. What you must know about Strikes, Lock-outs, Secondary strikes, protest action, "stayaways" and pickets. Is the right to strike so wide as many people want you to believe? Must you pay strikers? What about scabs? Learn your rights about the forming of workplace forums. Issues for negotiation, consultation and joint decision-making. Get an understanding about the LRA dispute procedures, the CCMA, the Labour Court and the Labour Appeal Court. Learn the potholes about the new unfair labour practice and the implications for your employment policies. The seminar has a modular design, so that you can easily select the modules for which your company has a specific need. Back to the page top Outline Of Modules Module 1: Your Legal Rights and Duties Labour law and how it affects you. The architecture of the new Labour Relations Act, 1995. Bargaining Councils and Statutory Councils. The Commission for Conciliation, Mediation and Arbitration. Module 2: The Rights of Employees and Work Seekers The right to join trade unions. The new protections for employees and work seekers. Participation in trade union activities. Potholes to avoid. Employment contracts. Module 3: The New Rights of Trade Unions Access to the Company's premises. Meetings with employees. Conducting of ballots. Deductions of Union Subscriptions. Election of Union Representatives. Compulsory number of shop stewards. The new statutory functions of shop stewards. The statutory rights of shop stewards. Leave for office-bearers. Module 4: Disclosure of Information What information must Management disclose? When may Management refuse to disclose information? The likely harm that an employer may suffer if it discloses information. The procedure for resolving disputes about disclosure. Module 5: The Collective Agreement Module 6: Agency Shop Agreements What they are and their purpose. When can a union force such an "agreement" on Management?  How may a union spend the money? How do these agreements end? Module 7: Closed Shop Agreements What they are and their purpose. When can a union force such an "agreement" on Management?  What are the consequences if an employee refuses to join a union? How do these agreements end?   Module 8: Bargaining Councils Their composition and formation. Their duties. Module 9: Statutory Councils Their composition and formation. Their duties. Module 10: Strikes and Lock-outs What is a strike and a lock-out? When does the law forbid workers to strike? When do workers have a right to strike? What is a secondary strike and when may your workers participate in it? May you dismiss strikers? Must an employer pay strikers? Can Management take legal action? Can employees take legal action? Picketing . . . what it is. Who may authorize a picket? Where must a picket take place? May you employ scab labour during a strike or a lock-out? Protest action . . . do employees have the right to protest? Module 11: Workplace Forums The establishment of workplace forums. New duties for employers. Trade unions and workplace forums. On what issues must an employer consult with a workplace forum? Must Management consult or negotiate with a workplace forum? Joint decision-making. Disputes procedures. Module 12: Dispute Resolution by the Commission for Conciliation, Mediation and Arbitration. Conciliation. May a party select a commissioner? May a party have legal representation? Arbitration. When is arbitration compulsory? Who selects the arbitrator? May a party have legal representation? When may parties use voluntary arbitration? Module 13: The Labour Court and the Labour Appeal Court. Their jurisdiction and powers. Disputes Procedures. Court orders. Module 14: Transfer of Employment Contracts to Other Employers. May an employer transfer contracts? What happens with the employment rights and duties? Cases of insolvency. Module 15: Temporary Employment Services. May you use temporary employment services? Who is the employer . . . you, or the TES? Who is liable for contraventions of labour law? Module 16: Unfair Labour Practice What are the new unfair labour practices? Can employees and unions also commit unfair labour practices? Potholes to avoid. The implications for your employment policies. Affirmative action programmes. Module 17: How to Dismiss a Worker Lawfully and Fairly for Misconduct The seven types of dismissal. Procedural Fairness Management Duties and the Employee's Rights. The Chairman's duties. The Code of Good Practice: Dismissal. Why you should have your Disciplinary Procedure checked. Checklists. Substantive Fairness Automatically unfair dismissal reasons. Misconduct. Circumstances you should consider. Condonation of misconduct and the legal implications for you. How to control the proceedings during a disciplinary hearing. Module 18: Management Rights and Duties in case of Retrenchment Must Management consult or negotiate? What must Management disclose to the trade union, workplace forum or employee? What is the new situation about severance pay? Module 19: Dismissal for Poor Performance Probationary appointments. Criteria for fair dismissals. Module 20: Dismissal for Incapacity from ill health or injury Criteria for fair dismissal What factors should you consider? Temporary and permanent incapacity. Module 21: Dismissal Disputes Procedures What you should know about Conciliation, arbitration, and adjudication. Resolution of disputes by the CCMA. The Labour Court. May a party get the help of a legal practitioner? Who pays for these proceedings? What time limits does the Act prescribe? The Labour Appeal Court. Module 22: Remedies for Unfair Dismissal What remedies may an arbitrator or the Labour Court grant? Backpay in case of reinstatement and re-employment orders. The amount of compensation that may be awarded to an employee. Duration: Depends on the modules selected Back to the page top Working With and Managing Shop Stewards Get to know the new role of shop stewards and its impact on the day to day management of industrial relations. Find out all about shop stewards' responsibilities and the limits of their rights in the employment relationship. Discover the new rules about disclosure of information to shop stewards to enable them to carry out their functions. This seminar will equip you with the necessary knowledge to work effectively with shop stewards, while retaining your managerial authority. Understand the factors that cause conflict between shop stewards and management. How to respond to conflict. Back to the page top Discover The Role Of The Shop Steward The objective of the seminar is to equip your managers with the necessary knowledge and understanding of the role of the shop steward, responsibilities and limits of legitimate behaviour. Your managers will get the knowledge of what action they can take against shop stewards when they exceed the bounds of legitimate behaviour. Seminar Agenda The Shop Steward's Role in the Enterprise   The role of a shop steward Duties of a shop steward Shop steward rights The role of the shop steward committee Handling meetings and consultations with shop stewards Discipline and Shop Stewards   Shop steward's status vs managerial prerogative to discipline Unacceptable illegitimate shop steward behaviour and corrective action Absence from work Unacceptable behaviour as representative during enquiries Unauthorized meetings Failure to fulfill duties of shop steward Encouraging and organising unlawful industrial action Shop stewards as union representatives and consistency of treatment Building relationships with Shop Stewards      Factors that cause conflict between shop stewards and management Anticipating potential conflict  Managerial response to conflict Using company procedures to defuse conflict Grievance Procedure Consultation Joint Problem Solving Communication The do's and don'ts on managing shop stewards effectively Duration: One day Back to the page top Negotiating Skills for Shop Stewards Negotiations are tricky. This is a workshop for your Company's shop stewards and workplace forum members. We present this seminar exclusively at companies'  request. Help your shop stewards to negotiate deals with your Company where . . . everyone wins. The Labour Relations Act says you must give the shop stewards of representative unions and workplace forum members reasonable time off to get training. Your shop stewards will discover the true nature of negotiations. They will discover that they can make winning deals without antagonism. They will gain techniques to get suitable mandates from their supporters. They'll discover how to view differences that can be negotiated for everyone's benefit. This will ensure that they maintain a stable membership support base. The representatives must know how to prepare and plan for negotiations, and how to use negotiation tactics and strategies. Back to the page top Your Shop Stewards Will . . .   actively experience conflict resolution; get in-depth negotiation instruction; develop confidence in using the skills learned. Seminar Agenda The Dynamics Of Negotiations Worker representatives must know which situations demand that they use negotiation techniques, and not consultation, problem-solving, discussion or arguing. This module digs deep into the dynamics of negotiation and collective bargaining.  How does one negotiate win-win deals? How To Prepare For Negotiation A prerequisite for a winning negotiation, is preparation. This module explains the key steps. It reveals how to get information. It shows Leverage: how to get it . . . how to use it . . . and how to keep it. Case study, preparation for a negotiation, role play and feedback.  How To Open Negotiations.   Vital objectives that professional negotiators aim to achieve.  Eight vital steps.   Mistakes to avoid.   Tactics  to use.  Role play and feedback.  Justifying Demands How to justify one's negotiating position.  What to say to persuade others to give you what you want. Steps and tactics to consolidate and defend one's position.  Tactics to neutralize pressure. Getting Movement Towards Agreement How to get movement.   The Get-Give Principle.  Five key steps.  Bargaining tactics.   How to make concessions.  Tactics for making a final agreement. Duration: Three days   Back to the page top Unique Tuition Refund Guarantee If your delegates, at the end of the first day of any seminar, believe that they did not receive an abundance of excellent practical information, we will refund the entire tuition fee. No questions asked! Back to the page top Contact details Henk Botha & Associates P.O. Box 35142 Newton Park 6055 South Africa TEL. (041) 365-3335  INTL. +27 41 365-3335 FAX (041) 776-1888   INTL. +27 41 776-1888   e-mail: training@henkbotha.com Web site: http://www.henkbotha.com Back to the page top