BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944, 0828522973 or on e-mail address:
HR and IR professionals are still getting caught unawares at the CCMA when arbitration follows immediately after a failed conciliation. Due to the need to speed up the resolution of labour disputes the Labour Relations Act (LRA) provides for a ‘short-cut’ process called con-arb which stands for conciliation-arbitration. Conciliation is the process whereby a CCMA or bargaining council (BC) mediator tries to assist the employer and employee to reach an out-of-court agreement. It is a peace-making exercise that is intended to end in a settlement agreement and NOT in an award (judgement).
Arbitration, on the other hand, is a judicial-type process that usually occurs if a conciliated settlement is not achieved. That is, it is Step 2 in the process if Step 1 (conciliation) fails to resolve the matter. At arbitration the employer and employee do not negotiate an agreement. Instead, they bring and present evidence as in any court case. Then the arbitrator,
Read more: HR and IR Professionals need to understand Conarbs
In the current economic climate and previous easy access to credit, over- indebtedness and inability to pay accounts have become quite commonplace. Unfortunately the process in many instances lead to the service of EAO’s on employers and requires many man hours of work from the employer. It might also lead to hardship for the employee, which in turn has an effect on the attendance and productivity of the employee.
In this guide, we give a brief summary of the debt collection process and the effect thereof on the employer and employee. We have further
Read more: Guide to Emolument Attachment Orders (“Garnishees”)
BY lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944, 0828522973 or on e-mail address:
For HR and IR practitioners one of the most confusing words used in labour legislation is the word ‘reasonable’. This is because:
Recruitment is a costly investment for an organisation to make. The risks can be high as the cost of a bad hire will have a very negative impact, not only in terms of time and money, but also on team morale and organisational culture.
Many organisations have started using behavioural competencies when recruiting, as well as organisational and job fit, rather than the more traditional “100% match” with skills, technical knowledge and experience.
An effective recruitment and selection campaign is supported by a well-planned process, starting by analysing the available position to ensure that the competencies required for the aligned tasks are identified and the associated behaviours are accurately quantified. Detailed interview guides must provide guidance and support to everyone involved in the recruitment campaign, and must incorporate a well-balanced mix of different recruitment activities to ensure that the information gathered from candidates is meaningful and complete. This will mitigate the risk of a bad hiring decision.
Some of the common pitfalls to guard against when interviewing candidates include:
Read more: A Competency-Based Approach to Recruitment and Selection
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