Tag Archives: disciplinary hearing

Disciplinary Hearings Workshop – 27 November 2014

WORKSHOP EVENT

27 November 2014

Disciplinary Hearings: The Essentials (one day)

Every employee may lodge an application with the CCMA or a bargaining council, even those who deserve to be fired. This means every company and its HR department or line managers need get the basics of disciplinary hearings right. Attending this one-day workshop will assist companies in achieving fair and compliant dismissals.

PRESENTERS:

Greg Coombs B.Soc.Sci, PG Dip IR, an independent practitioner with 30 years’ experience in labour matters.

Dr Richard Chernis BA (Hon), MEd. PhD, with 40 years’ experience in education and training.

WORKSHOP OUTCOMES:

  • How to prepare for a hearing: pre-hearing investigation.
  • How to prosecute at a hearing.
  • The process and sequence of a hearing.
  • A successful hearing.
  • Knowledge of latest case law and its impact on the conduct of hearings.

WHO SHOULD ATTEND?

  • Business owners
  • HR managers
  • IR/ER managers
  • Line managers
  • Business unit managers

R2’750 incl VAT per delegate

Attendance is limited to 36 delegates. A certificate of attendance will be issued.

 Tel: 012 803 8438 or 082 376 1407

Email: richard@getwellnow.co.za

REGISTRATION FORM

This information will be used for name badges and attendance certificates.

Banking Details:

  • ABSA Cheque Account
  • Account name: Salamax320
  • Account no: 4063229162
  • Branch code: 630 919
  • Reference: Your company name & workshop date

Kindly fax proof of payment to 086 5159 742 or e-mail it to richard@getwellnow.co.za, stating your name and the workshop date.

Make your settlement agreement an order of court

MAKE YOUR SETTLEMENT AGREEMENT AN ORDER OF COURT!

The Labour Appeal Court, in Maryka Greef versus Consol Glass (case no. CA02/12, judgment delivered 21 May 2013) stated that a settlement agreement could be made an order of court even if the dispute had not been referred to the Labour Court or the CCMA.

The court added that:

Making settlement agreements orders of court may be regarded as important for the protection of the rights of the parties to the settlement. It not only facilitates and enables execution through court processes, but would enable an aggrieved party to institute contempt proceedings if the order of court is not complied with.

This is good news and a narrow interpretation of the applicable sections in the Labour Relations Act has been rejected.

I have previously recommended to clients to have a clause in any agreement that reads as follows:

“Should any party so wish, it may apply to court, on an unopposed basis, to have this Agreement made an order of court”.

This would make the path to enforcement easier from the outset. I recommend that this be done with all labour agreements, including retrenchment agreements, consensual terminations, wage disputes, other collective bargaining disputes, internal grievance settlements, discrimination disputes, promotion and demotion disputes, etc..

Readers are encouraged to read the full judgment available on the Internet under SA Labour Appeal Court or www.justice.gov.za/labour courts.

Greg Coombs