GLOSSARY

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OFTEN USED WORDS AND PHRASES

The following is a glossary of words and phrases that subscribers might encounter:

WHOLESALE / RETAIL

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Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2022-2023
Wholesale & Retail – Contract of employment: Permanent
Wholesale & Retail – Contract of employment: Fixed
Wholesale & Retail – Explanatory notes
Annexure A: Proof of employment
Annexure B: Attendance register
Annexure C: Payslip

UNFAIR DISMISSAL – DISMISSAL FOR MISCONDUCT

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1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form 1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing&suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines.Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service

UNFAIR DISMISSAL – POOR WORK PERFORMANCE

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Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal

UNFAIR DISMISSAL – RETRENCHMENT

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Code of Good Practice. Dismissal for operational requirements.1999.07

Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter

UNIONS AND STRIKES – PROTECTED STRIKES

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Code of Good Practice.Picketing.1998.05
Form 8.1 Preparing for a strike
Form 8.2 Checklist during the strike
Form 8.3 Checklist after the strike
Form 8.3 Checklist after the strike2
Form 8.4 Draft picketing agreement
Form 8.5 Strike flow chart

UNIONS AND STRIKES – UNPROTECTED STRIKES

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Form 9.1 Notice in anticipation of strike
Form 9.2 Notice after commencement of Unlawful Strike
Form 9.3 Further notice during Unlawful Strike
Form 9.4 Unlawful Strike: Ultimatum
Form 9.5 Unlawful Strike: Notice of Dismissal
Form 9.6 Unlawful Strike: Notice of Disciplinary Action

PURPOSE AND APPLICATION

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Contents

1. WHAT IS THE PURPOSE OF THE ACT?
2. TO WHOM DOES THE ACT APPLY?
2.1. Generally
2.2. Casual Employees
2.3. Temporary Employees
2.4. Temporary employment services (Labour Brokers)
2.5. Independant contractors?
3. CONTRACTING OUT OF THE BCEA

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BCEA 2: Wages register
BCEA 3: Attendance register
BCEA 4: Payslip
BCEA 5: Certificate of service

EMPLOYMENT EQUITY – DISCRIMINATION

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Code of Good Practice.Employment of People with Disabilities.2002.08.1919
Code of Good practice.Handling Sexual Harassment.2005.06.22
Code of Good Practice.Integration of EE into HR Policies & Practices.2005.08.04
Form 13.1

BASIC CONDITIONS – SPECIFIC SECTORS – WHOLESALE/RETAIL

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Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2022-2023
Wholesale & Retail – Contract of employment: Permanent
Wholesale & Retail – Contract of employment: Fixed
Wholesale & Retail – Explanatory notes
Annexure A: Proof of employment
Annexure B: Attendance register
Annexure C: Payslip

DISMISSAL: MISCONDUCT

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Contents

1. OVERVIEW: DISMISSAL FOR MISCONDUCT
2. THE NATURE OF DISCIPLINE
2.1 There must be a rule or standard
2.2 The rule must be valid
2.3 The rule must be consistently applied
2.4 The employee must be aware of the rule
2.5 Corrective approach
3. THE DISCIPLINARY HEARING
3.1 Preparation for disciplinary hearing
3.2 Conducting the disciplianry hearing
3.3 Administration after the hearing

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1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing & suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines. Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service

DISMISSAL: MEDICAL INCAPACITY

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Contents

1. WHAT IS MEANT BY MEDICAL INCAPACITY?
2. HOW DOES THE EMPLOYER BECOME AWARE OF THE PROBLEM?
3. WHAT PROCEDURES MUST BE FOLLOWED?
4. NOTIFICATION
5. ASSISTANCE / REPRESENTATION
6. CONSIDERATIONS OF FAIRNESS
7. CONFIDENTIALITY
8. THE TEST – LABOUR RELATIONS ACT OF 1995

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Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 3.1 Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of investigation
Form 3.4 Notice of dismissal

DISCRIMINATION

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Contents

1. ELIMINATION / PROHIBIBTION OF UNFAIR DISCRIMINATION
2. WHERE DOES DISCRIMINATION ARISE?
3. MEDICAL TESTING
4. PSYCHOLOGICAL TESTING & SIMILAR ASSESSMENTS
5. DISPUTES ABOUT UNFAIR DISCRIMINATION

UNION RIGHTS

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Contents

1. WHEN DO TRADE UNIONS HAVE RIGHTS?
2. TRADE UNION ACCESS
3. DEDUCTION OF SUBSCRIPTIONS OR LEVIES
4. LEAVE FOR TRADE UNION ACTIVITIES
5. TRADE UNION REPRESENTATIVES (SHOP STEWARDS)
6. DISCLOSURE OF INFORMATION
7. TRADE UNION APPROACH AND DISPUTES

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Form 6.1 Authorisation to deduct
Form 6.2 Notice of revocation
Form 6.3 Draft Recognition agreement

DESERTION & RESIGNATION

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Contents

1. DESERTION
1.1. Meaning of desertion?
1.2. How to dismiss a deserter
1.3. How to dismiss a deserter
1.4. What if the deserter returns?
2. RESIGNATION
2.1. Meaning of resignation
2.2. How to deal with resignation
2.3. What if the person withdraws the resignation?

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Form 5.1 Desertion letter
Form 5.2 Confirmation of termination

GRIEVANCES AND DISPUTE RESOLUTION

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Contents

1. MANIFESTATIONS OF CONFLICT
2. THE NEED FOR A GRIEVANCE PROCEDURE
2.1. Definition
2.2. Why a Grievance Procedure ?
2.3. Group vs. Individual Grievance
2.4. Causes of grievances
2.5. Grievances vs. collective bargaining
2.6. Grievances vs. Discipline
3. PARTICIPANTS IN THE GRIEVANCE PROCEDURE
3.1. The Employee(s)
3.2. The Representative
3.3. The Supervisor
3.4. Management
4. CONDUCTING THE GRIEVANCE HEARING
4.1. Underlying principles
4.2. Always lend an ear
4.3. Consequences of badly handled grievances / no grievance procedure
4.4. Awareness of employees
4.5. Time scale
4.6. Record keeping
4.7. Do’s and Don’ts of grievance handling

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10A Grievance Notification
10B Grievance Hearing
10C Employee Information Document: Grievance Procedure

DISMISSAL: POOR WORK PERFORMANCE

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Contents

1. POOR WORK PERFORMANCE: WHERE DOES IT FIT IN ?
2. MEANING OF POOR WORK PERFORMANCE
3. DEALING WITH POOR WORK PERFORMANCE
4. WHO SHOULD BE INVOLVED ?
5. INVESTIGATION THAT MAY LEAD TO DISMISSAL
6. THE TEST – LABOUR RELATIONS ACT
7. PROBATIONERS

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Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal

AFFIRMATIVE ACTION

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Contents

1. INTRODUCTION
2. THE EMPLOYMENT EQUITY ACT APPLIES TO “DESIGNATED EMPLOYERS”
3. THE OBLIGATION TO CONSULT
4. MAIN OBLIGATIONS OF THE EMPLOYER
4.1 Analysis
4.2 Employment Equity Plan (EEP)
4.3 Report on Employment Equity progress
5. OTHER DUTIES OF THE EMPLOYER
6. INFORMING THE EMPLOYEES
7. ADDRESSING INCOME DIFFERENTIALS
8. COMPLIANCE
9. STATE CONTRACTS

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Form 14.1 – Turnover threshold applicable to designated employers
From 14.2 – Possible fines for contravening the Employment Equity Act
Code of Good Practice: Employment Equity Plan
Regulations (including standard reporting forms)

NEGOTIATING WITH UNIONS

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Contents

1. INTRODUCTION
2. RECOGNITION OF TRADE UNIONS
2.1 When to Recognise a Trade Union
2.2 The Recognition Agreement
3. BARGAINING STRUCTURES
3.1 Bargaining Units
3.2 Levels of Collective Bargaining
3.3 Bargaining Forums
4. WAGE NEGOTIATIONS
4.1 Preparing for Wage Negotiations
4.2 Conducting Wage Negotiations
4.3 Agreement and Implementation
5. COMMUNICATION WITH EMPLOYEES
6. COLLECTIVE AGREEMENTS
6.1 Types of Collective Agreement
6.2 Legal Effect of Collective Agreements
6.3 Disputes about Collective Agreements
6.4 Termination of Collective Agreements

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Form 7 Negotiating with unions

CONCILIATION

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Contents

1. WHAT IS CONCILIATION?
2. WHEN CAN A DISPUTE BE REFERRED TO CONCILIATION?
3. WHO LEADS THE CONCILIATION PROCESS?
4. TIME LIMIT
5. THE CONCILIATOR
6. WHO ATTENDS CONCILIATION?
7. LEGAL REPRESENTATION AT CONCILIATION
8. WHAT HAPPENS IF THE PARTIES DON’T SETTLE?
9. HOW TO PREPARE
10. EFFECT OF CONCILIATION

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Form 11.1 – Dispute resolution bodies and processes
Form 11.2 – Disputes and their processes
Form 11.3 – Guidelines: Preparation for Conciliation

PROTECTED STRIKES

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Contents

1. INTRODUCTION
2. WHAT IS STRIKE ACTION ?
3. THE RIGHT TO STRIKE
4. SECONDARY (SYMPATHY) STRIKES
5. DEALING WITH AN UNLAWFUL STRIKE
6. DEALING WITH A LAWFUL STRIKE
6.1 Before the strike
6.2 During the strike
6.3 After the strike
7. PICKETING
8. PROTEST ACTION

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Form 8.1 – Checklist: Preparing for a strike
Form 8.2 – Checklist: During the strike
Form 8.3 – Checklist: After the strike
Form 8.4 – Draft Picketing Agreement
Form 8.5 – Flowchart: Procedure for Strike/Protest action

RETRENCHMENT <50 EMPLOYEES

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Contents

1. MEANING OF RETRENCHMENT
2. WHEN CAN EMPLOYEES BE RETRENCHED
3. THE DUTY TO CONSULT
3.1 Who to consult with
3.2 What to consult about
3.3 Disclosure of information
3.4 What does “consult” mean
4. SELECTION CRITERIA
5. AVOIDING/MINIMISING RETRENCHMENT
6. TIMING OF RETRENCHMENT
7. MITIGATING THE ADVERSE EFFECTS OF RETRENCHMENT
8. SEVERANCE PAY
8.1 The amount
8.2 Where there is no obligation to pay

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Code of Good Practice. Dismissal for operational requirements.1999.07
Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter

UNPROTECTED STRIKES

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Contents

1. COLLECTIVE MISCONDUCT
2. WHEN CAN DISCIPLINARY ACTION BE TAKEN?
3. HOW TO TAKE DISCIPLINARY ACTION
4. DISCIPLINARY ACTION IF EMPLOYEES RETURN FROM WORK

Downloadable Forms Click here to access these documents in the Forms section

Form 9.1 – Notice in anticipation of possible Unlawful Strike
Form 9.2 – Notice after commencement of Unlawful Strike
Form 9.3 – Further notice during Unlawful Strike
Form 9.4 – Unlawful Strike: Ultimatum
Form 9.5 – Unlawful Strike: Notice of Dismissal
Form 9.6 – Unlawful Strike: Notice of Disciplinary Action