2011 Case Law Review
While it is not possible to deal with every significant case that has occurred over recent judicial history, the objective of this course is to leave delegates with a clear understanding of the significant recent developments in case law in the labour relations field
- Introduction
- The Courts
- Dismissal: incapacity
- Incapacity: incompatible leadership style
- Incapacity: incompatibility – other cases
- Diminishing tolerance for poor performance
- Dismissal misconduct
- Is dishonesty an automatic ground for dismissal
- Dismissal: misconduct
- Robust shopstewards
- Sexual harassment
- Racial harassment
- Admissions and confessions
- Sanction by Director-General
- Review of chairperson’s decision by senior management or the court
- Termination of fixed term contracts by ‘future events’
- Constructive dismissal developments
- Provoked assaults
- Insubordination through poor performance
- Second hearing on same charge narrowed
- Timeous disciplinary hearing and the breakdown of the employment relationship
- Derivative misconduct
- Relief for unfair dismissal
- Inconsistent application of discipline: the principles
- Adding charges at arbitration
- Suspicious behaviour
- Automatically unfair dismissal
- Refusal to accept employer’s offer to remedy unfair act
- Operational requirements
- Strikes and bargaining
- Interdicts
- Participation by non-union members in strikes
- Evidence
- Employment Equity
- Workplace bullying as a form of discrimination
- The nature of affirmative action in the EEA: recent cases
- Unfair discrimination by employer
- Appointments
- Reviews
- Unfair labour practices
- Transfers of business
- Termination by operation of law
- Practice and procedure
- Interlocutory applications
- CCMA rules
- Settlement agreements procured by misrepresentation
- The status of the certificate of non-resolution of dispute
We have a panel of carefully selected trainers all of whom are legally qualified, have many years of experience as trainers and are often arbitrators/and or commissioners of the CCMA. Their extensive experience enables them to respond to ad hoc queries from delegates in a practical and empowering manner and is one of the factors which set us apart from the competition. Regular presenters include:
Heinrich Bohmke has been a senior trainer and course developer for CBA training for the past 10 years. Prior to this he lectured at Vista University and worked in a distinguished labour law firm for five years. He was also the legal training officer of a major trade union, conducting litigation and providing strategic advice in a number of significant matters.
Joanne Philip is an admitted attorney who has been practicing as a specialist in the field of labour law since July 2003. She runs her own HR consulting business and has been training for CBA since 2005 with key focus in the private and public sector.
Adv James Matshekga is an admitted advocate of the Transvaal division of the High Court and is currently a senior lecturer at the University of Johannesburg where he is primarily responsible for teaching Labour Law. James is also an accredited trainer and facilitator of the Law Society of South Africa. He is currently a part-time commissioner at the CCMA and a panelist at various bargaining councils in both the private and public sector. James has been training for CBA since 2009.
Dates and venues
15 September – Bloemfontein, Windmill Casino
15 September – Nelspruit, Winkler Hotel
16 September – Port Elizabeth, Regent Hotel
21 September – Durban, Suncoast
22 September – Johannesburg, Genesis Suites
23 September – Cape Town, Capentonian Hotel
The Fee
One delegate: R1 995 + VAT = R2 274.30
Three or more delegates: R1 795 + VAT = R2 046.30 per delegate