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:

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

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Table of Contents

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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.

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	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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Email: customercare@lexisnexis.co.za

Lexis® Practical Guidance: Labour