SALLR Seminar Programme 2021

November 2021

06h00 – 07h40: Compulsory, free rapid Covid-19 testing (only Option 1)
07h00 – 08h00: Registration
Live broadcast assistance (only Option 2)
08h00 – 08h05: Welcome and opening address
08h05 – 08h10: SALLR published judgments, awards and rulings utilised during the seminar, etc
• SALLR products and service development
• SALLR seminar source material
08h10 – 08h30: SALLR earnings guidelines: corporate, formal, informal and non-corporate sectors
• COIDA benefits
• STATSSA earnings by level of education
08h30 – 08h50: Special features
• the utilisation of psychometric testing in a retrenchment environment
• different criteria and tests to be utilised when selecting employees in a restructuring exercise
08h50 – 09h30: Contractual rights and obligations
• exercise of a contractual discretion in a contract of employment
• ostensible authority to enter into contract and estoppel
• urgent applications demanding re-employment
• delictual claims
09h30 – 10h15: Misconduct
• team misconduct and stock lossesDismissals on the grounds of incapacity, ill-health or injury
• absenteeism due to ill-health and termination of employment on such basis
• employee provided with the option of either medical boarding or performance

Dismissal on the ground of operational requirements
• s191(12) of the LRA: where employee is the only person retrenched following a consultation process only with him

10h15 – 10h45: Tea and coffee break – dealing with questions posed on the SALLR WhatsApp Group (041 373 4322) – Options 1 and 2
10h45 – 11h00: Dismissal for operational requirements cont
• severance pay and the entitlement to other retirement benefits
• influence of business rescue on operational requirements dismissals
11h00 – 11h30: Reasonable expectation of the renewal of a fixed term contract

Refusal by employees to accept a demand in respect of a matter of mutual interestGrievances and s187(1)(d) of the LRA

Depression at the workplace

11h30 – 12h00: Resignations

Benefits disputes

Organisational rights and union constitutions

Invalid collective wage agreements

Alleged ongoing dispute in the collective bargaining environment

12h00 – 12h30: Strikes
• payment of performance bonus to non-strikers
• strike ballots and s19(1) of the LRA Amendment Act 8 of 2018
• derivative misconduct and compensation in terms of s68(1)(b) of the LRAPicketing/lockouts
• utilisation of replacement labour
• new requirements regulating lockout notices
• the effect of business rescue on the ability of the employer to lock out

Picketing, Regulation of Gatherings Act and protest action

12h30 – 13h00: Covid-19 pandemic issues
• payment of TERS and s73A of the BCEA
• unilateral change to terms and conditions of employment
• dismissal for gross negligence
13h00 – 14h00: Lunch – dealing with questions posed and issued raised on the SALLR WhatsApp group (041 373 4322) – Options 1 and 2
14h00 – 15h00: Powers and functions of the CCMA and the bargaining council
• new principles dealing with referrals for conciliation proceedings
• evidence in arbitration proceedings by means of a stated case
• helping hand principle: clauses 20 and 21 of the CCMA Guidelines
• consequences of referral of dispute form not signed by referring party – new approach?
• different stated reason(s) for dismissal, internally and at arbitration
• demarcation disputes
• extra-territorial jurisdiction
• clarity regarding rule 25
• relief and enforcement
15h00 – 15h30: Powers and functions of the labour court
• deemed withdrawal of review application when the record of arbitration proceedings is filed outside 60 days
• review of bargaining council exemption appeal authority decision
15h30 – 17h00: Employment Equity Act 55 of 1998
• ongoing unfair discrimination concept
• content of ‘another arbitrary ground’ refined
• real distinction between compensation and damages in terms of s50(2)(a) and s50(2)(b)Basic Conditions of Employment Act 75 of 1997
• clarity on annual leave entitlement on termination of employment

Compensation for Occupational Injuries and Diseases Act 130 of 1993
• true liability of the employer