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How to prepare for unfair dismissal disputes/cases at the CCMA/Bargaining Council

(2 Day Workshop)

 

 

20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

Online booking form

 

Click here to download registration forms for 20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

 

Module 1: Functions, jurisdiction and powers of the CCMA/ Bargaining Councils

 

Module 2: The dispute resolution process

  • Automatically unfair dismissals
  • Misconduct and incapacity dismissals
  • Operational requirements dismissals
  • Unfair labour practice

 

Module 3: Serving and filing of documents

  • How to calculate time periods
  • How to serve documents on other parties
  • How to apply for condonation for documents delivered late

 

Module 4: Conciliation

  • How to refer a dispute to the CCMA
  • Date of Dismissal
  • What notice must be given of the conciliation meeting
  • Representation
  • What happens if a party fails to attend or is not represented at conciliation
  • Functions and obligations of the commissioner at conciliation
  • How to determine whether a commissioner may conciliate a dispute
  • Disclosure of documents
  • Methods that commissioners use to break the deadlock
  • The certificate of outcome

 

Module 5: Con/ arb

  • What is a con/arb
  • What notice must be given for a con-arb hearing
  • How to object against a con/arb
  • The procedure which is to be followed when there is an objection
  • The procedure to be followed when there is no objection

 

Module 6: Arbitration

  • What is the nature of an arbitration and when may an arbitration be conducted?
  • How does a party request the CCMA to arbitrate a dispute?
  • What notice must be given of the arbitration hearing?
  • How to postpone an arbitration

 

Module 7: The Pre Arbitration conference

  • What should be considered at a pre-arbitration conference
  • When should a pre-arbitration conference be held?

 

Module 8: Other Procedures

  • How to join or substitute parties to proceedings
  • How to correct the citation of a party
  • When the Commissioner may consolidate disputes
  • How to have a subpoena issued
  • Expert witnesses
  • Witness fees and travel and subsistence expenses
  • Cost orders in an arbitration

 

Module 9: Preparing for arbitration

  • Gathering of information
  • Determine the onus of proof
  • Consider the evidence: types and admissibility
  • Identify and preparing your witnesses
  • Examine the merits of your case
  • Preparing a bundle of documents

 

Module 10: Arbitration – presenting your case

  • Representation
  • Settlement agreements
  • Preliminary and interlocutory applications
  • Narrowing the issues in dispute
  • Opening statements
  • Evidence-in-chief/examination-in-chief
  • Cross-examination
  • Do’s and don’ts when cross-examining witnesses
  • Re-examination
  • How to deal with the hostile witness
  • Closing arguments

 

Module 11: Rescissions and variations

  • How to apply for a rescission of the award or ruling

 

Module 12: Enforcement of settlement agreements and arbitration awards

 

Who Should Attend

The workshop is aimed at all users of the CCMA and Bargaining Councils including –

 

  • Union officials and shop stewards
  • Employer organisations
  • Officials and HR / IR managers
  • Anyone that represent their companies at the CCMA/ Bargaining Councils
  • Business owners

 

Price:

  • R 5990-00 (incl. Vat) per delegate
  • Price include course material, certificates of attendance, & catering/ refreshments
  • Safe and secure parking

 

 

For further information contact:

  • Hanlie or Peraldo (012) 661 3208
  • or

 

 

Online booking form

 

Click here to download registration forms for 20 & 21 June 2019: Tsogo Sun: Century City (Canal Walk): Cape Town

 

 

 
 
 
 
 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

 

POPIA: Protection of Personal Information Act

18 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

22 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

22 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

23 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

23 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

29 June 2021 (09:00 - 12:00)

Interactive Online Course

COVID-19 Workplace Compliance Health, Safety and Claims Management Course

23 & 24 June 2021 (08:30 - 13:00)

Inter active Online Course

Basic Labour Relations

24 June 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

29 July 2021 (09:00 - 16:00)

Interactive Online Course

AARTO and the Impact on Your Business

25 June 2021 (09:00 - 12:00)

Interactive Online Course

Employment Equity Committee Training

02 July 2021 (09:00 - 16:00)

Interactive Online Course

Workshop Chairing Disciplinary Hearings

15 & 16 July 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

16 July 2021 (09:00 - 12:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

22 July 2021 (09:00 - 12:00)

Interactive Online Course

Management and Leadership Skills

28, 29 & 30 July 2021 (08:30 - 16:00)

Interactive Online Course

 

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