The modern workplace increasingly makes use of new forms of labour which do not fit the traditional models. In some instances, these new or atypical employment relationships are to be desired and represent emerging best practices. For example, improvements in technology allow for "work from home" options, often suited to parents with pre-school children or children in need of day care. The use of outsourcing arrangements recognises that often specialist services can be legitimately provided by third parties (e.g. IT support, call centre services etc). The concern is not that atypical employment is necessarily a bad thing, but that it is open to abuse and needs some form of regulation, recognising that in many instances, employees themselves may prefer more flexible employment arrangements.

In December 2006 the Department of Labour produced a Code of Good Practice on "who is an employee" which may be downloaded from Workinfo.com which addresses the more immediate and pressing concerns surrounding atypical employment relationships, but does not grapple with the rise of legitimate atypical forms of employment which are representative of modern workplace practices.

Some years ago attempts were made in the USA to extend the provisions of health and safety legislation to home-based workplaces. Sense soon prevailed resulting in the proposed legislation being scrapped. Not every facet of working relationships can or should be regulated, especially when institutional regulatory bodies fall behind in their understanding of technological advances. When government finally does resolve our inefficient broadband capabilities, we may still see the end of those tedious endless departmental meetings, conducting instead meetings via videocams and using those 3 - 4 hours in traffic more productively. We may also still solve the tedium of monotonous repetitive manual labour and utilise our workforce in more challenging ways promoting the dignity and self-worth of employees.

Comment by Gary Watkins

This paper takes both internal and external constraints on the strategic choice of HRM practices into account. Our successful case study organisation adopted a commitment-model whilst encouraging professional networking which increases the employability ....

Companies are often faced with the dilemma of injured workers, workers faced with disability (temporary or permanent), absenteeism related to ill health, cost and productivity implications due to absenteeism, and of course, the corporate culture relating to managing such situations.

South Africa undeniably suffers from horrendous skills shortages in most sectors. A wellness program offering staff education on issues such as Financial Wellness, Addiction, Nutrition etc. can be a fantastic way to develop a workforce from within.

Who says HR can't have sexy strategies in meeting organisational goals? "Getting our people right" is a universal goal of employers today in achieving organisational performance. The bottom line is that employers really do want to know their return on investment and people want their worth appreciated.

IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
CCT 85/06
Sidumo, Z and Congress of South African Trade Unions v Rustenburg Platinum Mines Ltd, Commission for Conciliation, Mediation and Arbitration and Moropa, T J N.O.
Heard on: 8 May 2007

MEDIA SUMMARY

The following media summary is provided by the Constitutonal Court and is not binding on the Constitutional Court or any member of the Court. On 8 May 2007 the Constitutional Court will hear an application for leave to appeal which is of importance to employees and employers alike. The Congress of South African Trade Unions (COSATU), the country's largest trade union federation, has applied to intervene as an interested party to apply for leave to appeal in its own name and in support of the first applicant, Mr Sidumo.

The application for leave to appeal arises because of two key findings by the Supreme Court of Appeal which have significant implications for the industrial relations community.

The first is that compulsory arbitrations in terms of the Labour Relations Act 66 of 1995 (LRA), conducted under the auspices of the second respondent, the Commission for Conciliation, Mediation and Arbitration (CCMA), constitutes "administrative action" as defined in section 1 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and are therefore subject to the standards of review set under that Act. The second is that commissioners of the CCMA must exercise caution when determining whether a workplace sanction imposed by an employer is fair - there must be a measure of deference to the employer's sanction, because, under the LRA, it is primarily the function of the employer to decide on the proper sanction.

The applicant and COSATU contest the SCA's findings. In respect of the first finding, the applicants contend that arbitrations in terms of the LRA do not constitute administrative action in terms of PAJA. They submit that the purpose of the restricted power of review set by the LRA was to limit the extent to which decisions by commissioners in unfair dismissal arbitrations could be challenged before the courts and that this was in line with the intention that these disputes could be dealt with in a manner which was cheap, accessible, quick and informal and making them subject to PAJA would have the opposite effect.

In respect of the second finding they submit there is nothing to suggest that a commissioner is obliged to show deference to the employer's decision regarding sanction. They submit further that the exercise of balancing the interests of worker and employer is to be measured against the objective normative values set by the Constitution and that consequently the fairness of a dismissal should be determined objectively. They contend that the SCA's approach fails to give effect to the constitutional right not to be unfairly dismissed.

In respect of the legal issues the CCMA makes common cause with the first applicant and COSATU. The first respondent, Rustenburg Platinum Mines Ltd, opposes the application for leave to appeal and COSATU's application for leave to intervene. It supports the SCA's reasoning and its conclusions.

We will keep you informed of further developments regarding this important case.

Caselaw is an online searchable database of CCMA awards and Labour Court judgments.

One of my clients is a marketing guru. He charges $250 an hour. We found he was spending an hour a week looking for lost phone numbers. Doesn't seem like much, right? Do you know how much that comes to? That comes to $12,000 per year. He was losing $12,000 a year looking for phone numbers.

Workinfo.com will compile as many job descriptions as you require.
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Job descriptions improve your company's ability to manage staff and help them clearly understand the nature of their role within the organization.
Contact Elaine on 031- 563 0328 or email her today for more information.

Held over two days, these popular workshops focus on practical exercises. Delegates are encouraged to bring their laptops, and each will receive the relevant Manual, a comprehensive 600 page electronic copy worth R1,700.00.
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Workforce and Succession Planning
17 & 18 May 2007 (Johannesburg)
14 & 15 June 2007 (Johannesburg)
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Employment Equity
24 & 25 May 2007 (Johannesburg)
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Industrial Relations Training
7 & 8 June 2007 (Johannesburg)
Specialist industrial relations training courses:
Chairing Disciplinary Hearings
Initiating Disciplinary Action
Download course brochures by clicking here.

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.
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Additional In-House workshops
Wage Negotiation Workshop
Workplace Communication Workshop
Managing for Diversity Workshop
Managing Employee Discipline and Dismissal
Workplace Violence Prevention course
The Profession of Management Programme

Please remember that our recruitment division can assist you with contract or temporary staff. As we are labour brokers all payroll responsibilities can be handled by Workinfo.com.
Should you be in the painful process of retrenching staff, please contact our Recruitment Manager Liz Murray, who will try and assist those staff members in finding a new position.
Current subscribers to Workinfo.com and Caselaw.co.za will receive a discount on recruitment charges.

Workinfo.com is spreading their wings. Our Nelspruit branch has been opened with Helen Koegelenberg there to assist you with human resource requirement. A networking breakfast, in conjunction with the Lowveld Chamber of Business and Tourism, is being held in June 2007. Gary Watkins (MD of Workinfo.com) will be the speaker at the breakfast and will be giving a presentation on all the services and products Workinfo.com has to offer.

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A whole range and, in particular, the most common form of labour dispute - the unfair dismissal dispute - are required, in terms of the LRA, to be resolved by arbitration. Arbitration is no longer the exclusive preserve of the legally trained - individuals, company and union representatives and consultants find themselves engaged in presentation of cases. Even though the CCMA processes are relatively simple, there are still basic rules and procedures that any litigant hoping to succeed needs to know.

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