Human resource management short courses give managers and HR administrators the practical skills to recruit fairly, review performance, apply the Basic Conditions of Employment Act and handle disciplinary hearings. BOTI’s two-day Effectively Manage Human Resources & Labour Relations course covers all four. You can compare it with other HR administration courses in BOTI’s Human Resources, Labour and Employment Equity courses. Below the course summary you will also find a plain-language guide to how the Labour Relations Act works.

Related: Talent Management Strategies in South Africa.

Course Introduction

This practical course prepares managers to:

• Recruit and select people for defined positions within an organisation or the personnel recruitment industry
• Undertake a performance review
• Understand labour legislation
• Deal with disciplinary hearings

The Challenge

The human resources function is key to any organisation achieving its strategic objectives. People are one of a company’s most important resources, and they need to be managed fairly, consistently and within the law.

The Solution

Key outcomes of this course include:

• Formulating performance standards for team members in a unit
• Establishing systems for monitoring the performance of team members
• Preparing for a performance review of a team member
• Conducting a performance review interview
• Planning and preparing for recruitment and selection
• Recruiting applicants
• Selecting staff
• Demonstrating an understanding of the purpose and application of the Basic Conditions of Employment Act
• Describing the regulation of working time and leave as set out in the Basic Conditions of Employment Act
• Describing the particulars of employment, remuneration and termination of employment as set out in the Basic Conditions of Employment Act
• Demonstrating an understanding of the monitoring, enforcement and legal proceedings set out in the Basic Conditions of Employment Act
• Handling hearings effectively and reaching reasoned decisions based on the evidence presented

Delivery Method

• A two-day, instructor-led HR workshop, run in-house at your premises, at BOTI’s venue in Sunningdale, Johannesburg, or live online
• Strong delegate participation and practical application of theory

The aim of the course is to give delegates tools and knowledge that are easy to use and apply back at work.

Upcoming Public Courses

The link below lists the related public course dates:

Human Resources and Labour Legislation

In-House Courses: Book or Request a Quote

BOTI runs this HR management course for teams in-house at your premises, at BOTI’s venue in Sunningdale, Johannesburg, or live online. Use the button below to book, or request a quote.

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Getting to Grips with the Labour Relations Act of South Africa: How It Operates

This is a plain-language summary of the Labour Relations Act, which gives effect to section 23 of the Constitution. Section 23 guarantees the right to fair labour practices, the right of workers and employers to form and join trade unions and employers’ organisations, and the right to engage in collective bargaining.

Together with the Basic Conditions of Employment Act, the Labour Relations Act sets out the rights and duties of employers and employees. It also regulates the organisational rights of trade unions and promotes collective bargaining. It deals with strikes and lockouts, workplace forums and other ways of resolving disputes, through the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court and the Labour Appeal Court.

Who does the Labour Relations Act apply to?

The Labour Relations Act applies to employers, employees, trade unions and employers’ organisations. It does not apply to members of:

• The National Defence Force
• The State Security Agency (which took over from the former National Intelligence Agency and South African Secret Service)

For everyone else, the Act sets the rules that govern collective labour relations in South Africa.

Employer and Employee Organisations

In terms of the Act, all employees and employers have freedom of association. This means they have the right to form, join and take part in the activities of trade unions and employers’ organisations, and they may not be discriminated against because of their membership.

The difference between a registered and unregistered union

Unions register with the Registrar of Labour Relations in the Department of Employment and Labour. A registered union’s constitution must provide for a ballot of members before a strike, and it may not discriminate on grounds such as race or gender. Unions do not have to register. However, registered unions have more organisational rights than unregistered ones.

What organisational rights entail

Trade union representatives may carry out the following activities, provided that they do not disrupt work:

• Enter the employer’s premises to recruit new members
• Hold meetings and ballots in the workplace
• Have union subscriptions deducted from members’ salaries
• Request relevant information from the employer that is not legally privileged

Where a registered union has at least 10 members in a workplace, those members may elect a trade union representative to exercise organisational rights.

The more members a union has in the workplace, the more representatives it can elect. A union with organisational rights in the workplace has representatives who are entitled to:

• Assist employees in grievance and disciplinary hearings
• Monitor the employer’s compliance with labour law
• Report contraventions of the Labour Relations Act

Union representatives are also entitled to a reasonable amount of paid leave to perform these tasks.

How a union acquires organisational rights

A registered trade union must follow the correct procedure before it exercises organisational rights in a workplace. It must give the employer written notice of its intention to exercise its rights, and it must show that it has enough support among the employees.

If the parties cannot agree on organisational rights, the matter can be referred to the CCMA. A commissioner will try to resolve the dispute through conciliation. If that fails, either party can ask for the dispute to be decided through arbitration.

• The right to strike

Instead of approaching the CCMA, a union may choose to strike over organisational rights. If it does, it must wait 12 months before it can ask the CCMA to decide the issue through arbitration.

Union Security Agreements

Two types of agreement give a union extra security and bargaining power.

• Agency shop agreement

Under an agency shop agreement, employees who are not union members pay an agency fee into a separate fund, because they benefit from the union’s activities in the workplace or sector.

• Conditions
  • An agency shop agreement can only be concluded with a union, or unions acting together, whose members make up the majority of employees in the workplace or sector
  • The fee paid by non-members may not be more than a member’s subscription
  • The fund may only be used to advance the socio-economic interests of employees. For example, it may not be paid to a political party.
• The closed shop agreement

Under a closed shop agreement, the employer and the union agree that union membership is compulsory. Employees who refuse to join the union, or who are expelled from it, may be dismissed, subject to the protections described below.

• Conditions
  • The union must be a majority union, and the employer and the union must both agree to the closed shop.
  • A ballot must be held among the employees to be covered, and at least two thirds of those who vote must support the closed shop.
  • Membership fees may only be used to advance the socio-economic interests of employees.

BOTI runs training on the Labour Relations Act for managers and HR teams. See the Effectively Manage Human Resources & Labour Relations course.

What happens when employees do not wish to join a union

Employees who refuse to join a union on grounds of conscience are called conscientious objectors. Under an agency shop agreement, they can ask for their agency fee to be paid into a fund administered by the Department of Employment and Labour. Under a closed shop agreement, conscientious objectors and employees who were already employed when the agreement was concluded may not be dismissed for refusing to join. If a dismissal is challenged in the Labour Court and found to be unfair because of the closed shop, the court may order the union, not the employer, to pay compensation.

At least three years after a closed shop agreement was concluded, if at least one third of the employees covered sign a petition, a ballot must be held to decide whether the agreement should continue.

Collective bargaining

The Labour Relations Act promotes centralised collective bargaining. This means that employers in a sector or area join forces to bargain with one or more unions representing their employees. For example, the employers in an industry may bargain together with the unions that represent workers in that industry.

Three structures are involved in collective bargaining.

• Collective agreement

A collective agreement is a written agreement between one or more employers or employers’ organisations and one or more registered trade unions. In general, it binds the parties to it and their members.

• Conditions
  • Both parties must agree to the collective agreement.

• Bargaining councils

A bargaining council agreement can cover a wide range of issues, such as wages, benefits and grievance procedures. Where certain requirements are met, it can be extended to all employers and employees in the council’s sector and area.

• Conditions
  • To establish a bargaining council, the unions and employers’ organisations must be sufficiently representative. The National Economic Development and Labour Council (NEDLAC) considers the sector and area the council will cover, and the Registrar of Labour Relations decides on representivity.
• Rights
  • Bargaining council agents monitor and enforce collective agreements. They can issue compliance orders, publish the contents of collective agreements and investigate complaints.

Statutory Councils

A statutory council has fewer powers than a bargaining council. Its agreements cannot be extended to parties outside the council without the approval of the Minister of Employment and Labour.

• Conditions
  • A statutory council can be established when a registered union whose members make up at least 30% of the employees in a sector applies, or an employers’ organisation whose members employ at least 30% of the employees in that sector applies.

• Rights
  • Unions that are members of a statutory council have organisational rights of access, meetings, ballots and stop-order facilities, even in workplaces where they have no members.

Public Service Co-ordinating Bargaining Council

The Public Service Co-ordinating Bargaining Council (PSCBC) is established by section 35 of the Act. It is one of the most important bargaining councils and negotiates matters common to employees across the public service. It may establish further bargaining councils for sectors within the public service.

The Labour Relations Act Makes Provision for Workplace Forums

The Labour Relations Act provides for workplace forums, which allow all employees, including those who are not union members, to take part in decisions in the workplace. A workplace forum is made up of elected employees who meet with the employer regularly to discuss workplace issues. These issues are better resolved through consultation than through collective bargaining. Examples include education and training, job grading, criteria for increases or bonuses, product development plans, and mergers or transfers of ownership.

Workplace forums may also put other proposals to the employer, who must consider them. If the employer rejects a proposal, it must give the forum its reasons.

The aim of workplace forums is to build dialogue that improves efficiency in the workplace. Workplace forums do not remove the employer’s right to make decisions, but they increase employee participation.

Joint decision-making issues

The Act sets aside certain issues for joint decision-making. On these issues, the employer is required to consult the workplace forum and reach consensus:

• Disciplinary codes and procedures
• Changes to the rules that govern social benefit schemes, such as housing schemes or provident funds
• Workplace rules about employee conduct that is not related to work performance
• Measures to protect and advance people disadvantaged by unfair discrimination (affirmative action measures)

Collective agreements between the employer and a representative trade union can add issues to this list or remove them from it.

On these issues, the employer and the forum must try to reach agreement. If they cannot agree, the matter can be referred to the CCMA. If it is still not resolved, the employer can refer the dispute to arbitration.

N.B. Did you know? In terms of the Labour Relations Act, employees cannot strike over joint decision-making issues.

Establishing a workplace forum

Only a representative registered trade union, or a group of unions acting together, may apply to establish a workplace forum. A forum may only be set up in a workplace with more than 100 employees. The CCMA oversees the process and appoints a commissioner to help the parties agree on how the forum will work. If they cannot agree, the CCMA will establish a forum in line with the rules of the Act.

Guidelines for the constitution of a workplace forum, including how its members are elected, are set out in Schedule 2 of the Act.

Special rights apply to a trade union that the employer recognises as the bargaining agent for all employees. Such a union may apply to the CCMA to set up a trade union based workplace forum. This means the union can appoint the forum members without holding an election.

A workplace forum can be dissolved under the terms of its own agreement. If there is no such agreement, a representative trade union may request a ballot, and the forum is dissolved if a majority of employees vote in favour.

• The rights of workplace forum members
  • Each member of the workplace forum must be given reasonable paid time off to carry out their duties and to receive training.
  • The employer must provide the facilities the forum needs to operate.
  • Workplace forums may invite experts to attend meetings.

Workplace forums: how they operate

Workplace forums hold three types of meeting:

• Regular meetings of the forum members
• Regular meetings with the employer, at which the employer reports on the company’s performance and financial situation. The employer must also report on the company’s financial position and future plans once a year.
• Meetings with the other employees in the workplace, to report on the forum’s activities and on joint decisions made with the employer

Meetings take place during working hours, and the employees concerned are entitled to their full wages.

Managers who deal with unions and workplace forums can build these skills on the Effectively Manage Human Resources & Labour Relations course.

Industrial Action

The Labour Relations Act regulates all industrial action, including strikes, lockouts and picketing. It protects employees’ constitutional right to strike and gives employers recourse through lockouts.

When workers can strike and when an employer can lock out

Strikes and lockouts may arise from disputes over matters of mutual interest between employers and employees. These include:

• Wage increases
• The demand for the recognition of a union as a collective bargaining agent
• The demand to establish or join a bargaining council
• The demand for organisational rights
• The demand to suspend or negotiate unilateral changes in the workplace
• Unprotected lockouts or strikes by the other party
• In certain cases, retrenchments

What a lockout entails

A lockout takes place when an employer excludes employees from the workplace during a labour dispute in order to force them to accept a demand.

Strikes

Refusing to work only counts as a strike if two or more workers take part. The workers may work for different employers, as long as the refusal has a common work-related purpose. For example, a single domestic worker cannot strike alone, but mineworkers employed by different employers can strike together.

Strike action can take different forms, including:

• go-slows, where workers reduce their pace of work
• work-to-rule, where employees do no more than the bare minimum required by the workplace rules
• intermittent strikes, where employees start and stop the same strike action over a period of time
• overtime bans, where workers refuse to do any voluntary or compulsory overtime

There are two types of strike action: protected and unprotected.

Protected Strikes

Workers in a protected strike have a measure of security. They cannot be dismissed for striking unless they commit misconduct during the strike, and the employer cannot get a court interdict to stop the strike. Employers also cannot claim damages for production lost during the strike. They do not have to pay wages for time not worked. However, where food or accommodation forms part of employees’ pay, they must continue to provide it, and they can apply to the Labour Court to recover its value once the strike has ended.

In terms of the Labour Relations Act, workers must follow these steps for a strike to be protected:

• The issue in dispute must first be referred to a bargaining council, a statutory council or the CCMA.
• The council or CCMA must try to resolve the issue through conciliation within 30 days.
• A certificate must be issued stating that the dispute remains unresolved, or the 30-day period must have passed.
• The employer must be given at least 48 hours’ notice of the strike in writing. Where the employer is the State, at least 7 days’ notice is required.

Union members can require a registered union to hold a ballot before a strike, in line with its constitution. A special procedure applies to disputes about a refusal to bargain. Here the dispute must first go to advisory arbitration, and an advisory award must be made before the strike. The award does not force the parties to bargain.

• Exceptions

In certain situations, workers do not need to follow this procedure:

• The strike is a response to a lockout that did not follow the required procedure
• The strike follows the procedures in a collective agreement
• The parties to the dispute are members of a council, and the dispute has been dealt with under the council’s constitution
• In some cases, the employer has unilaterally changed employees’ terms and conditions of employment

Unprotected Strikes

A strike is not protected if the proper procedure is not followed, or if any of the following apply:

• A collective agreement prohibits strike action over the issue in dispute
• The Act, or a collective agreement, requires the issue to be referred to arbitration or to the Labour Court
• The issue is regulated by an arbitration award, a collective agreement or a sectoral determination
• The employees work in an essential service, such as the South African Police Service or a service whose interruption endangers life, personal safety or health. The same applies to a maintenance service, where interrupting the service would cause physical destruction of the working area or plant.

Lockouts

As with strikes, there are protected lockouts and unprotected lockouts.

Protected Lockouts

Workers cannot get a court interdict against a protected lockout, and the lockout is not a breach of contract by the employer. As with protected strikes, employers do not have to pay wages during a protected lockout, and employees cannot sue the employer for their losses. However, an employer may not dismiss an employee because of a lockout. Replacement labour may only be used if the lockout is in response to a strike, and only for the duration of the lockout. As with protected strikes, the same rules apply to pay in kind, such as food and accommodation.

For a lockout to be protected, the employer must follow the same procedure as for a protected strike:

• The issue in dispute must first be referred to a bargaining council, a statutory council or the CCMA.
• The council or CCMA must try to resolve the issue through conciliation within 30 days.
• A certificate must be issued stating that the dispute remains unresolved, or the 30-day period must have passed.
• The employer must give the union or the employees at least 48 hours’ notice of the lockout in writing. Where the employer is the State, at least 7 days’ notice is required.

• Exceptions

As with protected strikes, this procedure does not have to be followed when:

• the parties to the dispute are members of a council that has dealt with the dispute under its constitution
• the lockout follows the procedures in a collective agreement
• the lockout is a response to a strike that did not follow the required procedure.

Picketing

Only a registered trade union may authorise a picket. A picket may be held in a public place outside the employer’s premises, or inside the premises with the employer’s permission. The picket must be peaceful and must follow the Code of Good Practice on Picketing issued by NEDLAC.

Dismissal and Disciplinary Procedure

What counts as a dismissal

Dismissal includes any of the following:

• The employer has terminated a contract of employment, with or without notice.
• An employee reasonably expected the employer to renew a fixed-term contract on the same or similar terms, but the employer offered to renew it on less favourable terms or did not renew it at all.
• The employer refused to allow an employee to resume work after she took maternity leave in terms of any law, collective agreement or her contract of employment.
• The employer dismissed a number of employees for the same or similar reasons and has offered to re-employ one or more of them, but has refused to re-employ another.
• An employee terminated the contract of employment, with or without notice, because the employer made continued employment intolerable.

When can an employee be dismissed?

An employee may only be dismissed for misconduct, incapacity or business-related (operational) reasons. In every case, the employer must have a fair reason and must follow a fair procedure.

Misconduct means that an employee has deliberately or carelessly broken a workplace rule, for example by stealing. In such cases, the employee may only be dismissed once the employer has followed a fair procedure for dismissal for misconduct. This normally includes an investigation and a disciplinary hearing at which the employee can respond to the allegations.

Incapacity means that the employee cannot perform their duties properly because of ill health or injury, or because of poor work performance. An employee who is not doing the job properly may only be dismissed once the employer has followed the correct procedure. This includes giving guidance, training and a fair chance to improve, or exploring alternatives in the case of ill health.

Related HR and Labour Courses

If your team needs more depth in one area, these BOTI courses build on the topics above:

• Labour Relations and Labour Law Fundamentals (3 days), for managers and HR staff who work with labour legislation every day
• Chairing Disciplinary Hearings Course (3 days), for supervisors and managers who run hearings
• Employee Recruitment and Selection Course (1 day), for HR administrators and hiring managers
• Performance Management Course (1 day), for line managers who set standards and run reviews
• Corporate training programmes and short courses, for wider staff training courses across the organisation

Frequently asked questions

What do human resource management short courses cover?

A practical HR short course for managers covers the tasks line managers handle every week: setting performance standards and running performance reviews, planning recruitment and selecting staff, applying the Basic Conditions of Employment Act, and preparing for and handling disciplinary hearings. BOTI’s two-day Effectively Manage Human Resources and Labour Relations course covers all of these with practical exercises.

Which HR administration courses suit HR officers and line managers?

For a broad grounding in HR and labour legislation, start with Effectively Manage Human Resources and Labour Relations. HR officers who focus on one task can add a one-day course such as Employee Recruitment and Selection or Performance Management. Supervisors who run hearings can take the Chairing Disciplinary Hearings Course. BOTI can recommend a combination once it understands your team’s roles.

Does BOTI offer an advanced collective labour law course?

BOTI does not run a separate course with that title. The closest BOTI course is Labour Relations and Labour Law Fundamentals, a three-day course. This article summarises the collective parts of the Labour Relations Act, such as organisational rights, collective agreements, bargaining councils, workplace forums, strikes and lockouts. BOTI can confirm which topics a course covers before you book.

Can BOTI run staff training courses at our premises?

Yes. BOTI runs its HR and labour relations training in-house at your premises, at BOTI’s venue in Sunningdale, Johannesburg, or live online. In-house training lets you train a whole team at the same time and discuss examples from your own workplace.

Can I register for HR training workshops after hours?

Public course dates are listed on the course page. For in-house groups, dates and times are agreed with your organisation, so ask BOTI whether a schedule outside normal working hours can be arranged for your team. Live online delivery also saves delegates travel time.

To give your managers and HR team practical skills in recruitment, performance reviews, the Basic Conditions of Employment Act and disciplinary hearings, book Effectively Manage Human Resources & Labour Relations. Training runs in-house at your premises, at BOTI’s venue in Sunningdale, Johannesburg, or live online. Call BOTI on 011 882 8853 or email [email protected]. This course is not accredited. It is delivered as a professional skills programme, and delegates receive a BOTI certificate of attendance.