|
Welcome
to this issue of the Workinfo.com
HR Magazine; we introduce our new
job descriptions service where
we do the descriptions for you on
request. Read more about our workshops
that are selling out and we would
like to remind you that as a
subscriber, you are entitled to
discounts on our recruitment
services.
Also in this newsletter is an
excellent vacancy for a Human
Resources Manager (Salary R480
000 CTC)
Don't forget to download the pro
forma Whistle Blowing policy
for use by your organisation.
The Vital Statistics for
the first half of March:
- Workinfo.com Magazine and
Caselaw.co.za Newsletter
subscribers: 7,000
- Workinfo.com Visitors: 44,518
- Workinfo.com Pages Visited: 469,491
Are you a subscriber to
Workinfo.com?
Subscribe at current subscription
rates for the next 12 months and
benefit from the significant
upgrades that will be implemented
to the Workinfo.com website. You
will continue to enjoy accessing
these new services at the current
subscription rate of R1,368.00 per
annum.
|
Workinfo.com
Cartoon - Whistle
Blowing
|
|
Mark
Wiggett
Disclosure as defined in
section 1 of the Protected
Disclosure Act reads as
follows - disclosure means
any disclosure of
information regarding any
conduct of an employer, or
an employee of that
employer, made by any
employee who has reason to
believe that the information
concerned shows or tends to
show one or more of the
following: ...
To
read further, or download
the pro forma Whistleblowing
Policy, click here
|
|
Integrating
Knowledge Management and
Human Resources via
Skills Management
|
|
Mathias
Uslar and Prof Norbert
Gronau
Knowledge is more and
more becoming a key factor
within companies. Nearly 40
percent of all employees
today are so called
"knowledge
workers". Distribution
and acquisition of knowledge
within companies is
supported by skills
management systems. Although
not all aspects and
potentials of this
instrument are yet utilized
by current skills management
systems, they have spread
within business
organizations. This paper
summarizes the requirements,
scopes and problems for
skills management systems
within the company.
|
|
Coaching
at the Heart of Strategy
|
|
Dr
Renate Volpe
Coaching is a platform
where people may make and
receive meaningful
contributions. Whether
people are old, young, male
or female they fall into two
categories under the
coaching banner, - having
something to teach, or
wishing to learn.
|
|
CASELAW:
Latest Labour Summaries
from Caselaw.co.za
|
|
Gary
Watkins
Quotation:
Formulating Charges
"... my comments and
observations should be
regarded as support for
the dictum in Mondi Timber
Products v Tope 1997 3
BLLR 263 (LAC) where the
Court held and I quote:
‘ Moreover, at
disciplinary inquiries
presided over by laymen,
it cannot be expected that
all the niceties which a
formal court of law would
adopt will always be
observed’. Thus, in my
opinion, the standard
proposed by the lawyer for
the Referring party in the
drafting of charges is in
the present case a too
high standard for the
Employer, who after all is
a layman. See also Police
and Civil Rights Union v
Minister of Correctional
Services & Others
(1999) 20 ILJ 2416 (LC),
where it was held that
complaints need not be
drawn up with the
precision of those in
criminal trials.
Notwithstanding all of the
above, in my opinion, the
charge in the present case
is very clear, as same was
explained in great detail
in the ‘charge sheet'”.
Industrial Relations
Training
Contact us today for
specialist industrial
relations training courses
today:
- Wage Negotiation
Support Workshop
- Initiating
Disciplinary Action
- Chairing
Disciplinary Hearings
Download
course brochures by clicking
here.
Solidarity obo Salie and
MacAdams Baking Systems
(2006) 15 MEIBC 8.21.2
Case No. MEWC2025
Award Date 24 November 2006
Panellist U Bulbring,
Arbitrator
Subject Substantive Fairness
in Dismissal, threatening
Behaviour
Issue: The employee was
dismissed for ‘serious
horseplay’ after throwing
a cracker into a toilet at
the company’s factory,
causing shock and alarm
amongst the staff. He
claimed that his dismissal
was both procedurally and
substantively unfair.
Summary of Facts:
The
employee challenged the
substantive fairness of the
dismissal because he denied
that he was involved in the
incident at all; two
colleagues, who were also
dismissed, testified that
the employee was the person
who actually set the cracker
off. A disciplinary hearing
found that the employee had
been involved and he was
dismissed on the basis that
‘horseplay’ was a
‘schedule 2 offence’
under the company’s
disciplinary code that
justified summary dismissal.
The procedural fairness of
the dismissal was challenged
on the basis that:
• the employee hadn’t
been given the opportunity
to cross-examine his
accuser/s (the
colleague/s who implicated
the employee);
• the
employee had been implicated
‘at the eleventh hour’
(after disciplinary hearings
were conducted involving the
two colleagues); and
• no
evidence was led at the
appeal hearing.
Summary of Judgment:
The arbitrator found that
there had been no procedural
unfairness. He ruled that
there was no specific right
for an employee to
‘cross-examine’ an
employer and that the fact
that the employee was only
implicated later did not
amount to a procedural
defect, but simply a outcome
of the employer’s
continued investigation into
the matter. The arbitrator
made reference to the Labour
Court decision of Avril
Elizabeth Home v CCMA (2006)
15 LC 1.11.41, specifically
the Court’s insistence
that workplace efficiencies
should not be unduly impeded
but onerous procedural
requirements. The fact that
no evidence was led at the
appeal was also held to be
insufficient to amount to a
procedural defect.
On the substantive fairness
issue, the arbitrator found
the employee was guilty of
horseplay of a serious
nature (he preferred the
version of events given by
the two dismissed
colleagues) but that there
was no compelling evidence
that the company could no
longer trust the employee.
Accordingly he found that
dismissal was not an
appropriate sanction for the
offence and the employer had
been substantively unfair.
Interestingly, the
arbitrator made reference to
the employer’s
disciplinary code and
considered it to be ‘just
a guide’ that must be
weighed with the particular
circumstances of a matter.
He also made reference to
the SCA’s decision of
Rustenberg Mines (598/05)
but did not feel that ruling
precluded his interference
with the employer’s
decision.
The employee was reinstated
though no order for back pay
was made.
|
|
Linking
your Performance
Management to Business
Strategy and Budget
|
|
Morongwa
Makakane
What is Performance
Management? Why do
organisations have to have
performance management?
Performance management
reminds us that by being
busy is not the same as
producing tangible results.
It also reminds us that
training, strong commitment
and lots of hard work alone
cannot guarantee results.
|
|
Retain
Your Top Performers
|
|
Dr
Marshall Goldsmith
Leaders are debating the
changing nature of work and
the perceived decline in job
security (the lifelong
career at a benevolent
company is a fading memory)
and the erosion of corporate
loyalty. Employees are
wondering, "If the
company is willing to dump
me at its convenience, why
shouldn't I dump the company
at my convenience?"
We tend to focus on the
profound impact that these
workplace changes have on
our lives. But too often we
overlook the profound impact
these changes have on our
organizations.
|
|
Managing
Your Boss: 4 Rules To
Live By and 4 Steps To
Take
|
|
Bob
Selden
Do you know what your
manager’s number one or
key priorities are?
Although we often have
performance discussions with
our manager, how clear are
we on the order of priority
they have for each area of
our performance? How clear
are they themselves about
their “expectations” of
us? These “expectations”
are often unwritten and in
fact may be somewhat
different to the formal
performance requirements of
the role.
|
|
Workinfo.com
Job Descriptions -
Compiled Specially for
You
|
|
You
asked for it –
Workinfo.com listened to
YOU!
Workinfo.com will compile
as many job descriptions as
you require; whether you are
in need of 1, or 10, or a
101 plus job descriptions.
Simply send a list of job
descriptions needed for a
quote. A job description can
be either:
- task-oriented; or
- outcome-oriented.
What is a job description?
What are the elements of a
job description? How can job
descriptions improve your
company’s ability to
manage people? Do your
employees clearly understand
the nature of their role
within the organization?
Contact Elaine on 031-
563 0328 or email
her today for more
information.
|
|
Workinfo.com
Workshops
|
|
Employment
Equity and Workforce &
Succession Planning
These workshops are in
great demand and it is
advisable you book as soon
as possible to reserve a
space.
Employment Equity
- 19 & 20 April 2007
(Johannesburg) -
fully booked
- 24 & 25 May 2007
(Johannesburg)
View
Course Content
Workforce and Succession
Planning
- 25 & 26 April 2007
(Johannesburg)
- 17 & 18 May 2007
(Johannesburg)
View
Course Content
Held over two days, these
very popular workshops will
focus on practical
exercises.
Delegates are encouraged to
bring their laptops. Each
delegate will receive a
comprehensive 600 page
electronic copy of the
Employment Equity
Implementation Manual /
Workforce and Succession
Planning Manual worth
R1,700.00 ea.
Download
the Registration Form
Fee per delegate
R4 360.00 per
delegate (excluding VAT)
R4 970.40 per
delegate (VAT Inclusive)
Fees for in-house courses
are reduced. Quotations
available on
request.
Workshops in Johannesburg
will be held at the Indaba
Hotel, Fourways
View
feedback on our courses.
|
|
Book
Review - Collective
Bargaining Law
|
|
Chris
Todd
South Africa's Labour
Relations Act of 1995
("LRA") regulates
the relationship between
trade unions and employers.
It guarantees basic
organizational rights to
trade unions where they
previously had none. It
simplifies the procedures
required for industrial
action to be lawful. It
delineates in what
circumstances industrial
action is and is not
permitted.
|
|
Tips
|
|
All
for the price of one
Subscription to the Workinfo.com
website includes free
download of selected
Workinfo.com electronic
publications.
|
|
Survey
Invitation
|
|
Publish
Surveys on Workinfo.com
Workinfo.com HR Magazine
invites organisations
running surveys to publish
information regarding
surveys and research in our
issues. We will post links
to your surveys, host the
surveys on our website
and/or publish the results,
or a summary thereof, in our
Magazine.
|
| |
