Lexis® Practical Guidance: Labour

Practical "how-to" for Labour law

Practical Guidance Labour is a how-to resource for labour law practitioners, human resources professionals, in-house counsel, managers and employers of any business who wish to adhere to best practices and comply with legal standards dealing with Labour law matters. Suitable for practitioners representing employers or employees this practice area covers the recruitment process and start of an employment relationship to the disciplining and dismissal of employees, the health and safety in the work place and even managing a strike situation. This practice area provides all the need-to-know information, guidance and resources to deal with all labour related matters in South Africa.

With Lexis® Practical Guidance: Labour Law you get:

 
Convenient online access to:
  • 38 Topic Overviews
  • Over 160 guidance notes, including practical process aids
  • Up-to-date judgements for reference
  • Over 200 customisable forms, precedents, checklists and other
    resources to ensure not a single step is missed, including:
  • -- Various contracts of employment
    -- Sexual harassment template
    -- Polices for social media, information technology, and anticorruption Practices
    -- Grievance procedure template
    -- Notice of Disciplinary enquiry
    -- Notice of termination
    -- Exit interview template
    -- Application for rescission of ruling/arbitration award
    -- Notice of Motion for review proceedings
    -- Founding Affidavit - review application
    -- Various EEA, UIF and LRA forms
    -- Labour Court Practice Manual
 
Guidance on each step taken in Labour Law:
  • Labour Laws in South Africa
  • The Constitutional context
  • Contracts and conditions of employment
  • Unfair labour practices
  • Workplace discipline
  • Dismissal and resignation
  • Unfair dismissal and the rights involved
  • Grounds for dismissal
  • Collective bargaining and agreements
  • Trade unions and employers' organisations
  • Freedom of association
  • Organisational rights
  • The right to strike and its limitations
  • Strike handling and other aspects of strikes
  • Employment and transformation strategies
  • The EEA, Skills Development and BBBEE
  • Fair and unfair discrimination
  • Conciliation and arbitration
  • The CCMA's jurisdiction, rules and guidelines
  • CCMA proceedings
  • The Labour Court and its jurisdiction
  • Review applications
  • The Labour Appeal Court and after the Labour Appeal Court
  • Workplace / Mine health and safety
  • Compensation for occupational injuries and diseases

Guidance Notes

Useful reference material that offers direct  access to relevant case law, legislation and commentary works, and practical  know-how on specific areas within Labour.
A few key guidance notes are outlined below.  The full list can be viewed in the complete table of contents.

 Advertising a New Post

This  guidance note would be useful to HR departments and companies, because it  addresses the essential requirements for advertising a vacancy. It advises on  what details ensure that a job description is compliant with the Basic  Conditions of Employment Act, in case there is a dispute later on regarding the  responsibilities of an employee. It provides access to principle-setting case  law as well access to key legislation.
It  further provides useful resources such as:

  • A job description template
  • A recruitment process flowchart.
 Appointing a Successful Applicant

This  guidance note covers:

  • The formalities on appointing a successful  applicant
  • How to notify a successful applicant
  • The benefit of an induction programme for a new  employee
  • Providing an employee with written particulars  of their employment
  • Applicable and key legislation.

It  further provides:

  • A template of a letter of offer
  • A template of a letter for an unsuccessful  candidate.
 Drafting the Contract

This  guidance note offers step-by-step guidance on how to draft a contract of  employment from the general principles to the particulars of employment,  including:

  • The duration of the contract
  • Remuneration and benefits
  • Employees work duties
  • How the contract of employment is terminated
  • Drafting guidelines on how to formulate a  contract of employment
  • Providing an employee with written particulars  of their employment
  • Applicable and key legislation
  • Principle setting case law.

It  further provides:

  • A template of a job description
  • Customisable precedents of two different types  of contracts of employment with drafting tips
  • A checklist for drafting a contract of  employment.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • EEA 4 form
  • Job description template
  • Offer of employment letter
  • Contract of employment
  • Information technology policy
  • Simple independent contract agreement
  • Employment contract - wage paid employees
  • Fixed term contract
  • Restraint of trade clause
  • Letter regarding restraint of trade undertakings
  • Addendum to employment contract
  • Application for maternity leave
  • Letter of demotion
  • letter to request written reasons opposing suspension
  • Written warning
  • Suggested grievance procedure for the private sector
  • Exit interview
  • Application for condonation in respect of unfair dismissal dispute
  • Anti-corruption policy
  • Notice of Disciplinary enquiry
  • Notice to attend collective disciplinary enquiry
  • Notice of dismissal
  • Notice to attend poor work performance hearing
  • Application for unpaid leave
  • Section 189(3) letter
  • First ultimatum in response to unlawful strike action
  • Second ultimatum in response to unlawful strike action
  • Employer's demand for employees to do their normal contractual duties
  • Notice of lockout (offensive)
  • Notice to Strike
  • Notice of lockout (in defence to a strike)
  • Application for rescission of ruling/ arbitration award
  • Notice of Motion for review proceedings
  • Supplementary Affidavit - review application
  • Founding Affidavit - review application.

Authors










Simon Watson


Keren Watson



LLB, LLM (University of KwaZulu-Natal) (Commercial Law)

Simon Watson is a partner at Cox Yeats within the Commercial Team. Simon has a background in corporate and tax law, and is qualified as both a South African and an Australian lawyer. Simon has advised on a wide range of commercial matters and has acted in a number of private capital and disposal of business transactions on both the sell-side and buy-side. He is an author and contributor to a number of LexisNexis publications, including: the Commentary and Precedents for Partnerships and Joint Ventures.


LLB - summa cum laude (University of KwaZulu-Natal)

Keren Watson is a partner at Cox Yeats, practicing in the Commercial Law Department. Keren is experienced in drafting and negotiating commercial agreements and memoranda of incorporation, corporate restructuring, formation of trusts including family, employee and community trusts and advising on consumer protection law, company law and general business law issues. Keren has assisted numerous foreign clients in establishing operations in South Africa. She is also an author of a number of LexisNexis publications, including: A Practical Guide to the Companies Act.








Jenna Padoa


Jared Nickig



LLB, LLM (University of KwaZulu-Natal)

Jenna Padoa is a partner at Cox Yeats, practicing in the Commercial & Natural Resources Law Team.
Jenna specialises in corporate law, competition law and environmental law, and regularly advises on commercial transactions and contracts. Her expertise includes mergers and acquisitions, merger notifications, corporate finance and re-organisations, general company law and black economic empowerment transactions. Jenna has a keen interest in environmental law and advises clients on all aspects of environmental compliance, including environmental authorisations, water law and waste law compliance.


BA (Wits University), LLB, LLM (Wits University), LLM (Harvard University)

Jared Nickig is a director at Werksmans Attorneys, with a focus on corporate mergers, acquisitions and general commercial law. Jared specialises in takeovers, mergers and acquisitions, corporate reorganisations and corporate governance. Jared has been involved in many key transactions including advising Genesis Capital Partners (Pty) Ltd on its acquisition of a 30% stake in Pefaco International Plc, Real Foods (Pty) Ltd on its acquisition of the Kauai group of companies, Glencore International AG on its acquisition of a 74% stake in Optimum Coal Holdings Ltd and the subsequent delisting of Optimum Coal Holdings Ltd from the JSE.


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