SALLR Seminar Programme 2022

November 2022

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 – 09h00:	Contractual rights and obligations • claim for remuneration and interest from date of award to date of reinstatement • unlawful precautionary suspension
09h00 – 10h15:	Misconduct • consistency and the parity principle • employer’s interference with original sanction • acts of misconduct outside the workplace and outside working hours • refusal to testify at arbitration • challenge to an employee’s medical certificate • abscondment and desertion • doctrine of common purpose Dismissals on the grounds of operational requirements • compensation and post-retrenchment medical aid benefits • calculation of severance pay: s41(2) of the BCEA • Unemployment Insurance Act 62 of 2001: reason for termination
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 ito s186(1)(e) of the LRA • employee’s unpaid performance bonus constituting a benefit and not remuneration • resignation and disciplinary action
11h00 – 11h30:	Collective bargaining • advisory award – s64(2) of the LRA • closed shop • employers’ freedom of association versus unions’ right to strike Industrial action • secondary strike
11h30 – 12h00:	Consequences of breach of mutual termination of employment agreement duty to disclose during job application and interview process termination of employment not at the instance of the employer
12h00 – 12h30:	Powers and functions of the CCMA and bargaining councils • compilation of back pay where employee was employed during back pay period • no automatic right to a remedy • s138(5)(a) of the LRA: dismissal of a matter • s193(2)(b) of the LRA: exception to reinstatement where continued employment is intolerable
12h30 – 13h00:	Powers and functions of the labour court • union ordered to pay costs on an attorney and client scale • attorney ordered to pay costs de bonis propriis on an attorney and client scale • stay of enforcement of arbitration award pending review and exoneration from provision of security • settlement agreement made an order of court • late filing of statement of case • application to dismiss a review application and application to reinstate a review application
13h00 – 13h45:	Lunch
13h50 – 14h30:	SALLR panel of experts: providing answers to burning questions raised on the SALLR WhatsApp group (041 373 4322)
14h30 – 15h30:	Powers and functions of the labour appeal court Employment Equity Act 55 of 1998 • discrimination on the basis of age in respect of retirement policy • equal pay for equal value • claim for damages ito s60 of the EEA
15h30 – 16h00:	Promotion of Equality and Prevention of Unfair Discrimination Act 40 of 2000 • not shortlisting a white male solely on the basis of being white
16h00 – 16h30:	Occupational Injuries and Diseases Act 130 of 1993 • injuries at work caused by negligence of senior manager(s) • pre-existing medical condition • the presumption in terms of s65 and s66 of COIDA

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