Lexis® Practical Guidance: Labour Public Sector

A practical legal “how-to” guide specifically for the public sector

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Why Lexis Practical Guidance: Labour Public Sector?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Lexis Practical Guidance Guidance Labour Public Sector is an  online reference guide, precedent bank  and comprehensive toolkit for anyone working in the South African public labour  market. Although  much of the content is also included  in Lexis Practical Guidance Labour, this practice  area specifically covers the many aspects of labour related issues that apply  to employees in national, provincial and local government.
It  assists public sector employees in succeeding in their constitutional mandate  to deliver services to the South African population, and offers managers and  supervisors the guidance they need to manage subordinates fairly and in  compliance with the labour legislation, regulations and collective agreements  that are applicable to government nationally, provincially and at the municipal  level.

With Lexis Practical Guidance: Labour Public Sector you get:

 
Convenient online access to:
  • 33 Topic Overviews and almost 150 Guidance Notes
  • 80 Forms, Precedents and Checklists – ensuring  not a single step is missed
  • Legislation & Case Law – access to relevant  cases at the click of a button
  • Practice Directives – practical advice on how to  interpret the rules of court
  • 60 Other useful resources such as external  websites and additional readings
 
Guidance on each step taken in Labour Public Sector:
  • Labour Relations Act
  • Specific public sector legislation and requirements
  • Employment contracts
  • Basic conditions of employment
  • Unfair labour practices
  • Protected disclosures
  • Workplace discipline
  • Dismissal and resignation
  • Unfair dismissal and the rights involved
  • Grounds for dismissal
  • Transfers
  • Trade unions and employers' organisations
  • Freedom of association
  • Organisational rights
  • Collective bargaining in the public sector
  • 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
  • The Labour Court and its jurisdiction
  • Review applications
  • The Labour Appeal Court and after the Labour Appeal Court
  • Workplace health and safety
  • Compensation for occupational injuries and diseases
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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 aspects of public labour law.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Statutory Requirements

This guidance note covers the recruitment, selection and appointment processes in national and provincial government.
It further provides:

  • In-depth discussions on key pieces of legislation including Public Service Act and Regulations
  • Access Z 83 form to assist government departments in selecting a person for an advertised post.

Selection and Appointment Procedures in the Public Sector

This guidance note details the step-by-step process of selecting and appointing employees in the national and provincial government departments.
It further provides:

  • Guidance on the process for shortlisting and interviewing candidates for vacancies
  • The step-by-step process of how to appoint employees
  • Two different templates for employment with drafting tips
  • A flowchart on the recruitment process
  • Access to relevant legislation, case law and other useful resources.

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.

  • Notice to strike
  • First ultimatum response to unlawful strike action
  • Second ultimatum response to unlawful strike action
  • Permanent employment contract in accordance with chapter 5 of the public service regulations 2016, for members of the senior management service
  • Employment contract for a fixed term or a specific project in accordance with chapter 5 of the public service regulations 2016, for members of the senior management service
  • Z 83 Application form
  • Unsuccessful candidate letter
  • Offer of employment letter
  • Simple independent contract agreement
  • Form UI 2.2 – Application for illness benefits
  • Anti-corruption policy
  • Section 189(3) notice of contemplating retrenchment
  • Form LRA 6.2 – Registration of an employer's organisation
  • Form LRA 6.1 – Registration of a trade union
  • Recognition agreement template
  • Form LRA 3.3 – Application for registration of a bargaining council
  • Notice of lock-out
  • Notice to attend collective disciplinary enquiry
  • Notice of Motion for review proceedings
  • Supplementary Affidavit - review application
  • Founding Affidavit - review application
  • W Cl 4 form - First Medical Report in Respect of an Accident
  • W Cl 2 form - Employers Report of an Accident
  • W Cl 3 form - Notice of Accident and Claim for Compensation
  • W Cl 5 form - Final or Progress Medical Report in Respect of an Accident
  • Form W. As.8 – Return of earnings
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Authors










Michael Maeso


Verlie Oosthuizen



BA, LLB, LLM (University of KwaZulu-Natal), Advanced Business Programme

A Partner and Head of the Employment Law Department of Shepstone & Wylie. An industrial relations and employment law litigation specialist. Extensive experience includes time spent at a prominent London-based international law firm. Previously acted as a Judge in the Labour Court.


BA, LLB (University of KwaZulu-Natal, Durban)

A partner at Shepstone and Wylie and specialises in employment law litigation, social media law and protection of personal information. A member of SASLAW. Offers social media advice and training in schools, universities and has a regular radio slot on East Coast Radio.








Siobhan Leyden


Kate Staude, former Associate Partner at Shepstone and Wylie



LLB, LLM (University of KwaZulu-Natal)

A partner at Shepstone and Wylie and an employment law specialist. Experienced in representing clients at the CCMA, Bargaining Councils and Labour Courts. Specialist in Industrial Relations, Occupational Health and Safety and Sexual Harassment.


BCOM, LLB (University of KwaZulu-Natal)

A specialist in all aspects of employment law with a particular interest in data protection. An admitted attorney (2003) and a qualified solicitor of England and Wales (2005). A member of SASLAW.








Ingrid Barbara Lewin, Labour Law Consultant





BA (University of Wits), LLB (University of Natal)

Previously a judge in the Labour Court. The first Senior Convening Commissioner for the Gauteng Province and now a senior part-time commissioner on the Director's specialist panel of the CCMA.
Trained numerous officials, professionals and commissioners on all aspects of labour law and labour dispute resolution. Elected to the positions of President and Vice President of SASLAW. Ingrid's awards, judgments and articles have been published in major journals and publications.




Lexis® Practical Guidance - Related Titles

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Labour


Covering topics from 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 labour related matters in South Africa.
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Breadth of Content


Covering a wide range of practice areas, our experts create and curate essential practical aids, so you don't have to. Learn about the practical aids and guidance available for our complete range of practice areas. Pick and choose the practice areas that are right for you for a customised solution.
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See All Practice Areas


Lexis® Practical Guidance offers convenient online access to 30 Practice Areas, each containing relevant and current Legislation and Case Law, as well as Guidance Notes, Practice Directives, Checklists, Forms and Precedents.
Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform .

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