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Article 1/2022

How can an SALLR delegate obtain all the required continuing professional development (‘CPD’) points for a year and/or for a 3-year rolling cycle?

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The SALLRs’ 37th annual seminar is accredited by:

  • SA Board for People Practices (‘SABPP’)
  • Institute of People Management (‘IPM’)
  • Federation of African Professional Staffing Organisations (‘APSO’)

This entails that such seminar is an accredited learning event entitling each delegate to earn 8 CPD points from SABPP or IPM or APSO.

By following the guidelines as set out hereunder and compiling a portfolio of evidence based upon the contents of the SALLRs’ 37th annual seminar, delegates will be able to earn all the CPD points in respect of the required learning in each year and/or the required learning in any 3-year rolling cycle:

  • 1 CPD point is to be earned for every 1 (notional) hour of learning in respect of the activities as set out hereunder
  • the compilation and conducting of an audit at the workplace to determine the compliance level with the latest developments identified during the seminar should be used as the starting point
  • thereafter, the compilation of an action plan, in order to effect the required changes at the workplace in line with the latest developments identified during the seminar, should take place
  • obviously, CPD points are also earned in respect of the implementation of the action plan
  • the content of the seminar workbook, in conjunction with the aforesaid audit and action plan, should be utilised to develop in-house presentations covering the different organisational levels within the workplace
  • also, the principles governing the latest developments identified during the seminar may be utilised to develop case studies to be incorporated into the aforesaid presentations and implementations
  • lastly, the time invested by preparing a portfolio of evidence, so to be submitted to SABPP or IPM or APSO will also contribute handsomely to the earning of CPD points

Section 187(1)(f) of the LRA reads as follows: ‘A dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against the employee, directly or indirectly, on any arbitrary ground, including but not limited to religion, conscience and belief”.

In terms of s187(2)(a) of the LRA, despite the aforesaid s187(1)(f), a dismissal may be fair if the reason for the dismissal is based on the inherent requirements of a particular job.

What approach is to be followed to determine, firstly, whether the reason for the dismissal on the basis of religion, conscience or belief is based upon an inherent requirement of a particular job?

And, secondly, what approach is to be followed to determine whether or not an employer complied with its duty to reasonably accommodate the aforesaid category of employees?

In the previous article, we set out the traditional approach to s187(2)(b) of the LRA, covering the scenario where an employee reached the normal or agreed-upon retirement age, but continued to work beyond such age. The constitutional court, in Motor Industry Staff Association and Another v Great South Auto Body CC t/a Great South Panelbeaters (Landman); Solidarity obo Strydom and Others v State Information Technology Agency Soc Ltd (Solidarity) – combinedly referred to as Landman; Solidarity – had the opportunity to scrutinise such traditional approach and delivered three conflicting judgments. So, what approach should role players now employ, seeing that consensus was not reached in the constitutional court?

In terms of s187(1)(f) of the LRA, a dismissal is automatically unfair if the reason for the dismissal is that the employer unfairly discriminated against the employee, directly or indirectly, on any arbitrary ground, including, but not limited to, age.

In terms of s187(2)(b) of the LRA, despite s187(1)(f), dismissal, based on age, is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity.

What is the approach traditionally adopted where an employer permits an employee to work beyond the normal or agreed-upon retirement age and subsequently wishes to terminate the services of the employee, based on age, and wishes to rely on the defence as set out in s187(2)(b)?