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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

We think that everyone understands that an employer is vicariously liable for the wrong committed (an act or omission) by its employee during the course/scope/sphere of employment/engagement in any activity reasonably incidental to it.

But, what is the extent of an employer’s vicarious liability where the employee commits a wrong on his or her own volition?

What is the content of traditional consensus to indicate that an agreement exists between an employer and an employee?

If, on the traditional theory of consensus, a party fails to prove an agreement upon which it relies, with reference to Sonap Petroleum SA (Pty) Ltd v Pappadogianis 1992 (3) SA 234 (A), on what basis can a finding be made that quasi-mutual assent exists, founded on the approach that a party is precluded from denying the existence of an agreement based on their own conduct and the circumstances?

What does the three-fold enquiry entail to determine the presence of quasi-mutual assent?

In determining whether an agreement has been reached in the absence of traditional consensus, but on the basis of quasi-mutual assent, what is the extent of the duty on the party wishing to rely on such an agreement to, on the basis of reasonableness, enquire as to the contradictions that exist in the position of the other party so contained in correspondence?

Where do delictual claims fit into dispute resolution options applicable to employment disputes?