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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

Precautionary suspensions

In the public sector, the Senior Management Service Handbook (SMS Handbook) directly addresses precautionary suspensions and the 60-day time limit.

Clause 2.7(2)(c) of the SMS Handbook provides that ‘If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.’

Regulation 6 of the Local Government: Disciplinary Regulations Senior Managers, 2010 (Regulations) provides for the precautionary suspension of senior municipal employees and Regulation 6(6)(a) provides: ‘If a senior is suspended, a disciplinary hearing must commence within three months after the date of suspension, failing which the suspension will automatically lapse.’

What are the principles governing a determination of the question as to whether or not a senior municipal employee’s suspension automatically lapses in terms of the aforesaid Regulation 6(6)(a)?

Obviously, the answers to the aforesaid question are very relevant in the private sector where, firstly, a collective agreement regulates a similar process or, alternatively, such contractual rights have been created between the parties, to be enforced in terms of s77(3) of the BCEA.

In the previous article, we dealt with the consequences of a plant level collective agreement with a definite beginning and end date. We indicated to you that, in line with s23(2) of the LRA, and an analysis of the relevant case law, that, once such a collective agreement reaches its expiry date, it expires and is no longer of any force or effect. In this article, we deal with the scenario where a plant level collective agreement is concluded for an indefinite period and the employer gave notice to terminate same.

What are the consequences when a party to a plant level collective agreement, concluded for an indefinite time period, gives notice to terminate such collective agreement?

In terms of s23(2), a collective agreement binds, for the whole period of the collective agreement, every person so bound in terms of s23(1)(c) (the members of a registered trade union and the employers who are members of a registered employers’ organisation who are a party to the collective agreement, if the collective agreement regulates the terms and conditions of employment, or the conduct of the employers and employees) who was a member at the time it became binding, or who becomes a member after it became binding (irrespective of whether or not that person continues to be a member of such trade union or employers’ organisation for the duration of the collective agreement).

What is the relevant case law development as to a plant level collective agreement that has an expiry date, i e does such collective agreement continue to be of force and effect after such expiry date?