Written by Ivan lvan lsraelstam, Chief Executive of Labour Law Management Consulting.
In comparing those of our corporate clients which have poor employee relations with those where industrial relations are sound it is clear that the key difference is the level of IR skills held by the employer’s IR professionals, line management and external consultants.
In SALSTAFF obo Bezuidenhout vs Metrorail (2001 BALR 926) the arbitrator found that the employee had been forced to resign due to disciplinary charges brought against him. The employer dismissed the employee before his notice period was up but the arbitrator found that there was no good reason to have dismissed him.
Such victimisation would not have occurred in a company where the management fully understood the principles of fairness, labour legislation and the basics of constructive industrial relations.
Employees at all levels are receiving relief from the Commission for Conciliation, Mediation and Arbitration (CCMA). The result is that any employer can, at the most unexpected moment, be taken to the CCMA.
Line managers and supervisors must be trained in the following:
- The background to the implementation of the LRA
- The purpose and scope of the LRA
- The huge scale of the changes in labour law and the significance of these changes for the company/organisation in general
- The significance of these changes for the specific manager’s area of responsibility and for the effectiveness of the manager/supervisor
- How managers/supervisors can detect and correct the misconceptions of employees as regards the provisions of labour law concerning employee rights and employer responsibilities
- The changes in company/organisational policy, procedures and practices necessitated by the new employment equity laws. How to go about implementing the necessary changes in such a way that stable industrial relations are maintained and that they do not involve the employer in unnecessary legal costs.
Employees are receiving ongoing input on the LRA and other labour law as well as on how they can exploit these laws. This input is received via rumour, union training programmes, political rallies and reading matter. Some of this information may be incorrect but employees are nevertheless being emboldened through this knowledge acquisition. Managers who do not likewise keep up with the necessary IR knowledge and skills could be seriously jeopardising the organisation’s future.
Line managers and supervisors must ensure that they have updated knowledge and skills if they want to develop a loyal, cooperative, correctly informed and effective workforce at all levels.
Details:
To attend our 24 July 2015 seminar in Johannesburg on MANAGING DISCIPLINE please contact Ronni on ronni@labourlawadvice.co.za or on 0845217492.
