Unit 5 Managing labour relations in the workplace

Learning Outcomes After this lecture students to be able to; - Discuss the rights and obligations of both parties to the employment relationship - Explain dismissals on operational requirements and those on misconduct - Discuss the various reasons an employer may terminate the contract of employment of an employee

Learning outcomes Implement the requirements of a fair dismissal Discuss the roles, purpose and procedures in the employment relationship Explain the considerations regarding the changes to employment conditions

The employment relationship as a source or rights and obligations • Contract creates reciprocal relationship • Each party has rights and obligations for other • Rights explicitly stated • Rights contained in pieces of legislation (implicit rights) • Contract in writing or verbal • BCEA provides that employer write it • Learnerships and employment a must for contract to be in writing

Contract of employment • Once there is an offer and acceptance, parties are bound by contract • Where no written contract, minimum conditions are inferred for the BCEA or behaviour of parties • Fast and rule that where there is employment relationship there must be a contract of employment (written or unwritten) • Contract never static-ever amended/altered

Employee misconduct, discipline and dismissal • management of conduct and level of employee performance gives rise to most disagreements • Reasonable rules required to manage conduct and performance • It employer’s common law right to ensure employees adhere to reasonable standards of conduct and efficiency • This area has potential for disagreement and discord between the two parties

Employee misconduct, discipline and dismissal Conflict minimised by handling discipline procedurally Note that issues of discipline most contested frontier of the employment relationship Many employers will never face a strike but may sooner or later face a dismissal problem challenged

Dismissals Purpose of discipline to correct (not punitive) Not strictly true Purpose of sanction in society is demonstration Code of Practice states that dismissal is most serious step employer takes Dismissal must be last resort where employment relationship cannot continue

Alternatives to dismissal Sanctions can be given, but differ in severity: - Warnings - Suspension without pay - Transfers - Demotions

Definition of dismissal • terminating contract with or without notice • Employee expects employer to renew fixed-term contract on same or similar terms but employer offers to renew it on less favourable terms or never renewed it • Refusal by employer to retain employee after maternity leave • A number of employees were dismissed on same or similar reasons, employer has re-employed some or one but refused to employ the other • Employee terminates contract because employer made conditions intolerable

Unfair dismissals Never fair, happens by breaching automatically unfair because prohibited For example, dismissing employee for joining workplace forum; for participating in legal strike; if employee refuses to do work of employee on strike (Check other forms of unfair dismissal)

Dismissals based on disciplinary reasons Code of conduct Elements of procedural fairness in terms of terminations Procedures in dismissals for misconduct Requirements for fair hearing Common forms of misconduct ETC.