Managing labour relations in the workplace

2. Managing labour relations in the workplace Unit 5

3. Learning Outcomes After this lecture students to be able to; • Discuss the rights and obligations of both parties to the employment relationship • Explain dismissals on operational requirements and those on misconduct • Discuss the various reasons an employer may terminate the contract of employment of an employee

4. Learning outcomes • Implement the requirements of a fair dismissal • Discuss the roles, purpose and procedures in the employment relationship • Explain the considerations regarding the changes to employment conditions

5. The employment relationship as a source or rights and obligations • Contract creates reciprocal relationship • Each party has rights and obligations for other • Rights explicitly stated • Rights contained in pieces of legislation (implicit rights) • Contract in writing or verbal • BCEA provides that employer write it • Learnerships and employment a must for contract to be in writing

6. Contract of employment • Once there is an offer and acceptance, parties are bound by contract • Where no written contract, minimum conditions are inferred for the BCEA or behaviour of parties • Fast and rule that where there is employment relationship there must be a contract of employment (written or unwritten) • Contract never static-ever amended/altered

7. Employee misconduct, discipline and dismissal • management of conduct and level of employee performance gives rise to most disagreements • Reasonable rules required to manage conduct and performance • It employer’s common law right to ensure employees adhere to reasonable standards of conduct and efficiency • This area has potential for disagreement and discord between the two parties

8. Employee misconduct, discipline and dismissal • Conflict minimised by handling discipline procedurally • Note that issues of discipline most contested frontier of the employment relationship • Many employers will never face a strike but may sooner or later face a dismissal problem challenged

9. Dismissals • Purpose of discipline to correct (not punitive) • Not strictly true • Purpose of sanction in society is demonstration • Code of Practice states that dismissal is most serious step employer takes • Dismissal must be last resort where employment relationship cannot continue

10. Alternatives to dismissal Sanctions can be given, but differ in severity: • Warnings • Suspension without pay • Transfers • Demotions

11. Definition of dismissal • terminating contract with or without notice • Employee expects employer to renew fixed-term contract on same or similar terms but employer offers to renew it on less favourable terms or never renewed it • Refusal by employer to retain employee after maternity leave • A number of employees were dismissed on same or similar reasons, employer has re-employed some or one but refused to employ the other • Employee terminates contract because employer made conditions intolerable

12. Unfair dismissals • Never fair, happens by breaching • automatically unfair because prohibited • For example, dismissing employee for joining workplace forum; for participating in legal strike; if employee refuses to do work of employee on strike (Check other forms of unfair dismissal)

13. Dismissals based on disciplinary reasons • Code of conduct • Elements of procedural fairness in terms of terminations • Procedures in dismissals for misconduct • Requirements for fair hearing • Common forms of misconduct • ETC.