LO Life Skills Level 4 Module 12

Life Orientation: Life Skills NQF 4 Downloaded from hlayiso.com Life Orientation NQF Level 4

Explore ways to deal with the infringement of workers’ rights & settle labour disputes Module 12 Downloaded from hlayiso.com *see terms and conditions

Think about it… • What is the key ingredient in a good working relationship between employers & employees? • What is the difference between dismissal & retrenchment? • Can workers strike whenever they feel it is justified? Downloaded from hlayiso.com

Unit 12.1 Workers’ grievances & the CCMA Downloaded from hlayiso.com Life Orientation NQF Level 4

What is a grievance? • A legitimate reason for laying a formal complaint at work • It may be an infringement against rights Figure 12.1: Sexual • It is not about demands reported as a grievance harassment needs to be but rather about raising awareness regarding a serious Downloaded issue. from hlayiso.com

Grievance & complaints procedures • Stage 1: Direct reporting • Stage 2: Grievance investigation & meeting • Stage 3: Grievance hearing Figure 12.3: If necessary, witnesses may be present at the grievance meeting • Stage 4: External dispute resolution. Downloaded from hlayiso.com

Mathematics NQF Level 2 Click above to play this video. Downloaded from hlayiso.com

Learning activity 12.1 Module 12 Test your knowledge of this section by completing Learning activity 12.1 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

What is the CCMA? • CCMA = Commission for Conciliation Mediation and Arbitration • In existence because of the Labour Relations Act • Not linked to trade unions, businesses or political parties • Assists workers only after internal negotiations with the employer have failed. Downloaded from hlayiso.com

Negotiation • Discussion between employer & employee(s) • Try to compromise to resolve the issue • Formal negotiations may include representation by skilled negotiator(s). Downloaded from hlayiso.com

Conciliation & dispute resolution • Conciliation = an independent mediator calms down people involved in a dispute • Dispute = disagreement • Dispute resolution needed if grievance isn’t resolved • If all internal attempts fail, you can involve the CCMA. Downloaded from hlayiso.com

Mediation & arbitration • Mediation = when a mediator becomes involved in a dispute, but doesn’t take sides or force a solution. • Arbitration:  If mediation & conciliation fail  Third party (e.g. CCMA) makes judgement & tells two parties what to do. Downloaded from hlayiso.com

Litigation • Litigation = bringing a lawsuit against someone or challenging a lawsuit. • CCMA can give legal advice, but won’t get involved:  In civil lawsuits Figure 12.6: The CCMA  Where the law has won’t become involved if been broken. the case is about someone who broke the law Downloaded from hlayiso.com

Bargaining councils • One or more registered trade unions join bargaining councils to:  Negotiate agreements for groups of workers  Prevent & resolve labour disputes. • May inspect the workplace & investigate complaints. • If they cannot resolve a dispute, they may appoint an arbitrator or go to the CCMA. Downloaded from hlayiso.com

Workplace forums • Employer & employees make joint decisions about work issues • A trade union applies to the CCMA to start a workplace forum • A workplace forum:  Can’t negotiate wages or industrial action  Promotes interests of all employees. Downloaded from hlayiso.com

The CCMA’s conciliation procedure • Step 1: Refer the case to the CCMA. • Step 2: Attend the conciliation hearing. • Step 3: Participate in the hearing. • Step 4: Reach a settlement agreement. • Step 5: Uphold the agreement, or proceed to a further stage. • Step 6: Request arbitration. Downloaded from hlayiso.com

The CCMA’s conciliation procedure Refer to Table 12.1 in your Student’s Book to see criteria for referring a case to the CCMA. Downloaded from hlayiso.com

Learning activity 12.2 Module 12 Test your knowledge of this section by completing Learning activity 12.2 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Disputes handled by the Department of Labour • All pay-related complaints, such as:  Working overtime without pay  Being paid less than agreed  Not being paid for leave days. Downloaded from hlayiso.com

Disputes handled by the Department of Labour • To lodge a labour complaint:  Complete the form at one of the department’s offices.  An inspector visits your workplace.  A compliance order is issued if your employer is found guilty.  If your employer won’t pay, the case will go to the Labour Court. Downloaded from hlayiso.com

Disputes handled by the CCMA Issues about the employment relationship, for instance: • Unfair dismissal • Working conditions • Discrimination • Changes in the workplace • Retrenchment • Sexual harassment. Downloaded from hlayiso.com

Learning activity 12.3 Module 12 Test your knowledge of this section by completing Learning activity 12.3 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Unit 12.2 Unfair dismissal & retrenchment Downloaded from hlayiso.com Life Orientation NQF Level 4

Fair dismissal Dismissal is considered fair if: • There is serious employee misconduct (e.g. theft). • The employee performs poorly or isn’t able to work (e.g. prolonged illness). • The employer’s operational requirements change (e.g. restructuring). Downloaded from hlayiso.com

Unfair dismissal According to Chapter 8 of the Labour Relations Act, unfair dismissal includes: • Where process isn’t followed properly • Discrimination • Infringement of workers’ rights. Downloaded from hlayiso.com

Procedure to follow for unfair dismissal • Stage 1: Referral (to relevant council or the CCMA) • Stage 2: Conciliation • Stage 3: Arbitration (judgement by third party) or adjudication (legal decision). Downloaded from hlayiso.com

Procedure to follow for unfair dismissal • Stage 4: Remedy • If dismissal is unfair:  You may be reinstated or re-employed by the employer.  You may be paid compensation. Downloaded from hlayiso.com

Procedure to follow for unfair dismissal Refer to Table 12.2 in your Student’s Book to see types of unresolved unfair dismissal disputes that can be referred for arbitration or adjudication. Downloaded from hlayiso.com

Mathematics NQF Level 2 Click above to play this video. Downloaded from hlayiso.com

Learning activity 12.4 Module 12 Test your knowledge of this section by completing Learning activity 12.4 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Retrenchment • Retrenchment = cut back on staff. • An employer may retrench legally if the needs of the business have changed. • Retrenchment may occur if there are changes to the:  Economy  Technology  Structure. Downloaded from hlayiso.com

Procedure to follow if you are retrenched • Ensure that your dismissal is fair. • If you think your dismissal is unfair, consult a workplace forum, trade union or labour lawyer. • If your retrenchment is unfair, you can lodge a complaint with the CCMA. • You must receive severance pay. Downloaded from hlayiso.com

Coping with retrenchment • Uphold your self-esteem. • Stay positive. • Reassess your skills base. • Stay humble. • Keep a check on your finances. Downloaded from hlayiso.com

Learning activity 12.5 Module 12 Test your knowledge of this section – and think of ways to use your skills – by completing Learning activity 12.5 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Unit 12.3 Strike action & unions Downloaded from hlayiso.com Life Orientation NQF Level 4

Strike action • SA Constitution allows for legal strikes & trade unions • Strike = workers organise & refuse to work to protest something (e.g. wages) • Usually organised by trade unions • In certain circumstances, employers can lock workers out. Downloaded from hlayiso.com

Correct procedure for strike action • Ensure that strike or lockout is legal • Ensure workers know what to expect • Give notice of strike action. Figure 12.18: The Constitution allows peaceful, non-violent protest action. Section 17 states: “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions” Downloaded from hlayiso.com

Correct procedure for strike action • Prescribed procedures don’t apply if:  The employer locks out employees staging an illegal strike.  Workers strike in response to an illegal lockout.  An employer changed workers’ working conditions without consulting them. • Detailed records must be kept. • Workers can strike in support of a legal strike byDownloaded another group of employees. from hlayiso.com

Learning activity 12.6 Module 12 Test your knowledge of this section – and find out more about secondary strikes – by completing Learning activity 12.6 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Benefits of belonging to a union • Union can raise concerns with employers. • Unions can represent you in grievance meetings & disciplinary hearings. • You have help protecting your rights. Downloaded from hlayiso.com

Benefits of belonging to a union • Unions can monitor whether an employer obeys labour law. • Unions can enter into collective agreements. • Unions can form a bargaining council with the employer’s organisation. Downloaded from hlayiso.com

Mathematics NQF Level 2 Click above to play this video. Downloaded from hlayiso.com

Learning activity 12.7 Module 12 Test your knowledge of this unit – and find out more about the trade union for your profession – by completing Learning activity 12.7 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Summative assessment Module 12 Test your knowledge of this module by completing the Summative assessment of Module 12 in your Student’s Book. Downloaded from hlayiso.com Life Orientation NQF Level 4

Mathematics NQF Level 2 Downloaded from hlayiso.com Life Orientation (Life Skills) NQF Level 4