Class notes
Lecture notes bps707: Labour Relations (BPS707)
- Institution
- University Of The Western Cape (UWC)
Summaries from various class sessions
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LABOUR RELATIONS CLASS NOTESHuman behaviour is what Industrial psychology is grounded in, which makes us behaviourists
firstly by nature and then by occupation.
It serves as a 360 degree of what’s up.
Read your work, apply yourself and be the best version you could have been - Identify , Define
and Explain , Describe, Apply.
NOTHING IN IPS happens in isolation, or it should not.
How you reap depends on how you sow.
SECTOR SPECIFIC
Annual leave = 1.25 days per month which generally equates to 15 days per annum.
Working days on average = 22 days per month.
Maternity leave, entitled to 3 months paid and 1 is unpaid.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
Can an employer dismiss employees because they refuse to agree to a change to their terms
and conditions of employment? An initial answer may be, “yes”.
Escape route: “Resignation with immediate effect”
The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga
has brought about more uncertainty as to whether an employee who resigns with immediate
effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent
dismissal.
Freedom of expression or incitement to commit an offence? A constitutional challenge
On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF
and other v Minister of Justice and Constitutional Development and other (87638/2017 and
45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of
the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional
Consolidated, comprehensive or general final written warnings
Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the
concept of corrective or progressive discipline. This approach regards the purpose of discipline as
a means for employees to know and understand what standards are required of them.
EEA: Disability in teams are becoming more prominent within organisations as they are obliged
to accommodate and employ people with disabilities. Everyone’s needs should be catered for
e.g. ramps in buildings.
Common law makes provision for the grey areas that may exist.
****Such an example is marriage (class discussed)
In SA, the law does not recognise common-law marriages as being valid. The cohabitation does
not indicate or legalise any obligations, duties and responsibilities between individuals.
,The constitution is meant to protect everyone that is IN the country. Even foreigners..
CONTRACT OF EMPLOYMENT
This is a very practical module. We will go over case studies and this will be the basis of getting
exposure to the labour world. CS and opening scenarios are explained in the textbook.
Case revisited on page 25 & 45 in the textbook that we examined in class. (19/02/2020)
HOW TO ANSWER QUESTIONS IN TEST AND EXAMS
Write down the topics
Headings for the case study - Introduction and conclusion
IDENTIFY, EXPLAIN, ELABORATE, DEFINE, EXAMPLES, RELEVANCE.
A- 1 year fixed term contract so there is an option to renew from both parties in the primary
relationship (employee and employer),
B- Renewal of the contract will be dependent on whether funding becomes available. It was not
to say M would get the contract again, it implies if the funds became available, consideration to
activate the contract/position again would happen.
C- Temporary position. The option should not be discussed until certainty about funding was
confirmed to avoid expectation by either parties.
D- Funding available.
E- Automatically terminated.
Terminology in your COE is of utmost importance and you have the full right to consult your
recruiter or relevant HR practitioner at the company to take you through your COE as a standard
or if something is unclear to you as an employee.
Your contract of employment TELLS YOU WHAT you can and what you cannot do. The basis of
this document comes from what is set out in the BCEA. You can compare the content in your
COE and what the BCEA says, it should have some sense of synchronization.
A contract can either be a Fixed term which means it has a start and end date of employment
such as an internship.OR indefinite term when you are a permanent employee at a company.
UIF
Exceptions - maternity leave replacement , 3 months and threshold.
Do not sign on the dotted line, until you are aware and certain.
Compare your contract of employment to what was discussed in the interview.
Job title matches the Salary band/level and
National wage regulations e.g. minimum and standard deductions.
Probationary period = notice period
, Notice period is often the same as starting, or it should speak to each other. Sectors such as
higher education require a 3-month notice period and similarly any other institution should wait
three months before you shall start a new position. Consult Ongi about buyers and the correct
process.
Restraint of trade (Restrictive covenants is american language) often by location or sector
competitors. This indicates that you may not work or consult for a company in the same field as
your current company or the one that you are resigning from.
The power to vary - Change location, flexible times and venues.
Salary and benefits - basic first, then find out about how commision works if its applicable. All
these things should be in the policy of a company.
Find out about inherent requirements about any job, All shall not be written down but dependent
on sector, location, culture, etc….
ÁSK, SPEAK AND ENQUIRE.
CONTRACT OF EMPLOYMENT
Please note that it is not necessary to include the explanatory notes included in this sample. Employers are
advised to delete these notes on their own discretion. If you experience any difficulty kindly contact us. This
is a free service.
Also refer to notes in the Basic Conditions of employment included in this manual)
Strictly private and confidential
Entered into between
(Name of company)
_____________________________________________________
(Herein after also referred to as "the employer" or "the company")
and
__________________________________
(ID ________________________)
(Herein after referred to as "the employee")
Terms and conditions of employment
The terms and conditions set out herein will constitute the employee's contract with the company with
effect from __________________. Where a basic condition of employment is not specifically mentioned, the
relevant legislation will be applicable (eg. the Basic Conditions of Employment Act, Act 75 of 1997, the
Labour Relations Act, Act 66 of 1995 amendments to legislation etc.).
Job description
JOB TITLE
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