Legal Compliance in Appointments and Promotions Workshop

The legalities involved in the appointment and promotions process can be a bumpy road – make sure you are up to speed with the latest

Your participation in this interactive workshop will enable you to:

  • Understand the legal framework in which appointments and promotions take place
  • Know the procedures that should be followed in regard to public service employees
  • Understand the role of the selection committee, the Employer and Unions
  • Know what constitutes discrimination and in what circumstances affirmative action may be applied
  • Understand the dispute resolution process
  • Have the ability to represent a party at a promotion / non appointment arbitration

  1. Introduction
    • Course design
    • Domestic issues
    • Introduction of delegates
    • Objectives of the course
    • Methodology
    • Course material
  2. The legislation
  3. Discrimination
    • Fair and unfair discrimination
    • Direct and indirect discrimination
    • Defences to discrimination
    • The leading cases on affirmative action
  4. Competency – based recruitment
    • Introduction
    • Fairness in the assessment process
  5. Advertisements
    • Are advertisements necessary at all?
    • Internal & external applicants
    • The wording of advertisements: the specification of job requirements and basic competencies
    • Reaching the best candidates: effective advertising techniques
    • E-recruitment
  6. Head-hunting and successor planning
    • Advantages of head-hunting and of successor planning
    • Potential problems in head-hunting
    • Case study on successor planning
  7. Recruitment agencies
    • Selection of the agency to avoid allegations of misconduct
    • Liability of agencies for negligent screening
  8. Labour brokers
    • The implications of S198 of the LRA
  9. Elements of a fair appointment
  10. Pre-interview selection – the short – listing process
    • The constitution of the short listing committee
    • Rejecting applications & the furnishing of reasons
    • Fairness to large numbers of applicants
  11. The interview and selection process
    • Composition of the selection committee
    • Drawing up relevant questions
    • Recognition of prior learning / recognition of potential
    • Targeted selection: using a grid assessment system
    • Interview skills
  12. References, pre-and post-selection medical tests & psychometric testing
    • Formal and informal references
    • The ILO code on the protection of workers’ personal data
    • Application forms
    • Dealing with negative information
    • Misrepresentation by an applicant
    • When is a pre-selection or post-selection medical test fair?
    • Leading cases on HIV testing
    • Psychometric testing
  13. Rational & defensible decision making
  14. The job offer & contract of employment
    • The categorisation of the employee
    • Assuming knowledge of employer policies
  15. Dispute Resolution
    • Disputes about unfair promotions
    • Disputes about discrimination in recruitment and selection
    • Disputes about the furnishing of a letter of appointment
    • Appointments and promotions: joinder
    • Appointments and promotions: arbitrator’s powers and relief
  16. Preparing for a dispute hearing
    • Overview
    • Gathering information
    • Disputes of fact vs no disputes of fact
    • Analysing and strategising
    • Researching precedent
    • The onus
    • Arbitral remedies
    • Mandates
    • Pre-arbitration meetings
    • Procedure to be followed at arbitration
    • Opening argument
    • Presenting the case at arbitration

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 panellist at various bargaining councils in both the private and public sector. James has been training for CBA since 2009.

Dates and venues
8-9 November  - Johannesburg, Genesis Suites
10-11 November  - Durban, Suncoast
10-11 November - Cape Town, Capetonian Hotel

The Fee
 
One delegate: R3 990 + VAT = R4 548.60
Three or more delegates: R3 591 + VAT = R4 093.74 per delegate
One delegate: R 6 903.00 plus VAT = R 7 869.42
Two or more delegates from the same organisation: R 6 213.00 plus VAT = R 7 082.82