Resources On-Demand

Overview Sexual harassment is endemic in South Africa and deeply damaging to staff morale and trust. Recent case law has shown the consequences for employers who do not have sexual harassment policies and who do not train and educate their staff o n sexual harassment. It is not only the CCMA and Labour Court who are taking a hard line on sexual harassment; the government is evoking new laws to curb this social injustice that has plagued our society. Civil society has had enough, and the backlash and outcry over these incidents are severe and reputational damage can happen in online news and social media. When investigating or consulting with employees regarding sexual harassment allegations, employers may wish to consider the following: Providing, where appropriate, leave or special leave to the complainant while suspending the alleged perpetrator, depending upon the allegations made; Making reasonable attempts to provide the employee with counselling; If operationally possible, considering the transfer of either the alleged perpetrator or the complainant, so that the parties have limited contact with each other in the workplace; Considering the seriousness of the allegation, considering whether an informal process to resolve the complaint should be adopted and taking into consideration the feelings and wishes of the complainant; Discuss alternative means of resolving the complaint with the complainant. For example, adopting an informal process; Providing complainants with regular updates regarding the investigation; Providing both the complainant and the alleged perpetrator with an opportunity to respond to allegations or versions which arise during the investigation and; "This is not only to ensure that all parties are dealt with fairly but also to ensure that employers do not incur liability." Learning Objectives By the end of this webinar, the attendee should: Understand what constitutes sexual harassment; be aware and understand the relevant law and how it is to be applied. Have a thorough knowledge of the latest case law and practical insights. Learn how to approach setting up a sexual harassment policy and how to implement it. Understand how to approach sexual harassment in grievance form and when to hold a disciplinary hearing to discipline the perpetrator. Learn how to implement sexual harassment learning and training for your staff. Who should attend Legal Practitioners HR Representatives Industrial relations officers Legal officers of companies Union officials Paralegals Law students and candidate attorneys Employees; and Anyone interested in Employment and Labour Law. Additional material We will provide employers, HR and legal practitioners with a sexual harassment policy. We will provide employers with a 10 step process to ensure you deal effectively with this scourge. This 10 step process will aid you as an employer so that you do not have to face the wrath of the CCMA or the Labour Court. We will advise employees how to deal with sexual advances, raise a grievance, and refer the matter higher when the grievance has not been resolved. We will provide tips on grievance writing and other insights.

Overview The CCMA is full of cases where employees complain of procedural or substantive unfairness in the disciplinary hearing process. The charges can be poorly framed, and the process can fall apart and become a free-for-all. These issues often cloud the actual misconduct, which is why the employee was charged in the first place. To run a fair and proper hearing, you will have to know how to construct the charges and what you need to do as an employee or employer to prepare for the hearing. Disciplinary hearings are informal, but some structure is needed. Time frames and rights of both sides need to be considered. You cannot just call an employee into a hearing and expect the hearing to be fair. In the webinar, we will explain how you can ensure that the process is held formally without too much input, pressure, and time wastage. We will aid you in eliminating irrelevant issues so that the entire process is streamlined and the misconduct takes centre stage. We will explain how a disciplinary hearing should be conducted, who the role players are, and their roles. We consider the laws of evidence and when evidence is inadmissible - we look at video evidence, hearsay evidence, polygraphs and other forms of evidence. We discuss the latest case law and highlight the most common pitfalls that arise in disciplinary hearings. We then set out the basics for procedural and substantive fairness and discuss and explain the preparation steps to hold an informal, fair, solid hearing that can stand up to CCMA scrutiny and allow the role-players to deal with the crucial issues. Last but not least, we delve into the arena of sanction and outcomes. What are the possible outcomes, and do you as the employer have to stick to your disciplinary code? We consider whether you, as the employer, can go against the decision of the chair. Can you proceed with the hearing when the employee is on sick leave? What is the purpose of an appeal hearing, do they work and are they necessary? Disciplinary codes are recommended; they remain a valuable source of information to employees, employers, and the chair. We will help you to know how to prepare, how to know what the other side is planning and what is acceptable conduct. We discuss the issue of suspension pending a disciplinary process, whether it is necessary, and how long an employee can remain suspended. We investigate whether an employer can refuse to pay a suspended employee and what happens to the rights of the employee whilst they are on suspension. We will discuss issues such as the need to investigate the misconduct before charging the employee, whether or not you need to use an external chair or even an outside company. Sometimes a case seems easy, but it becomes more difficult when you gather up the evidence and draft the charges. Where can you obtain evidence from, and how do you ensure it is not defective or becomes defective. Polygraph has its issues and pitfalls; human resource managers and even attorneys need to use them correctly so that their efficacy is maintained. A renowned expert polygrapher will be called upon to give us his take on polygraph tests. Learning Objectives Understanding procedural and substantive fairness. Learning how to conduct a reasonable and fair disciplinary hearing. Be aware of the common pitfalls that make a hearing open to challenge at the CCMA. Proper phrasing of charges and avoidance of confusion. Adequate preparation before the hearing. Preparation of documentation and witnesses. How to frame the charges and what to do if they need to be changed? Which witnesses can you call, and what testimony is allowed? What amounts to evidence? How do you prepare this? A complete discussion of recent and past cases. A procedural checklist will be provided. How to record the outcomes and compile a formal report? How to phrase the finding and ensure it is a fair outcome in light of the evidence presented? Who can chair the hearing and issues with chairpersons? An awareness of the latest case law as regards disciplinary hearings. What is an appeal hearing, and what is considered on appeal? Is an appeal hearing necessary? What does an investigation of a misconduct involve? When to suspend an employee and when not to? Use polygraph tests without the fear of tainting the entire disciplinary process. A thorough knowledge of the case law on disciplinary hearings. A thorough knowledge of the law as it pertains to disciplinary hearings. Who should attend? Legal Practitioners HR Representatives Industrial Relations officers Legal officers of companies Union officials Paralegals Law students and candidate attorneys Employees; and Anyone interested in Employment and Labour Law. Additional material By attending this webinar, we will provide you with the following: A summarised slide presentation. We will provide you with a disciplinary hearing checklist and action plan. Access the latest case law and summaries of the cases and the findings of the court. You can ask questions during the webinar, and you will also have access to the presenters after the webinar.

The CCMA is full of cases where employees complain of procedural or substantive unfairness. A disciplinary hearing is an informal process but sometimes it can become too informal with everyone talking, and the entire structure is destroyed; it become s a free-for-all. When procedural irregularities arise these divert the hearing away from the basis of the hearing which is the actual misconduct, which led to the hearing being called in the first place. To run a fair and proper hearing, you will have to know how to construct the charges and what you need to do as an employee or employer to prepare for the hearing.   In this webinar, we will deal with the different types of misconduct and the levels of proof needed to prove them. We will explain how you ensure that the process is held in a formal manner without too much input, pressure and time wastage. There is a need to stick to the facts and relevance of the actual misconduct or alleged misconduct. We advise how an employer should hold a disciplinary hearing and what pitfalls to look out for; who are the role players and what are their roles. It is essential to know how to prep your witnesses and ensure that they give the evidence needed to ensure fairness prevails.   Learning objectives By the end of this webinar you should: Understanding procedural and substantive fairness. Learning how to conduct a reasonable and fair disciplinary hearing. Be aware of the common pitfalls that make a hearing open to challenge at the CCMA. Proper phrasing of charges and avoidance of confusion Adequate preparation before the hearing. Preparation of documentation and witnesses. How to frame the charges and what to do if they need to be changed? Which witnesses can you call, and what testimony is allowed? What amounts to evidence? How do you prepare this? We will provide a complete discussion of recent and past cases.  

Overview  Our Labour Court and the High Court have seen many cases for enforcing restraints of trade since COVID-19 came and the lockdown damaged the economy. On one hand, businesses seeking to enforce the restraint are setting out that their businesses which have been hit hard by COVID-19 need protection. On the other hand, employees seeking to leave and join a competitor are setting out that COVID-19 has affected their chances of finding employment and they are being exploited in the current economy and also, restraints need to be curtailed during this time when finding a job is a difficult enough task on its own! Consider these questions: How do you protect your trade secrets and goodwill as an employer? When and how can you challenge a restraint of trade as an employee?  Does it matter whether the restraint is part of the contract of employment or not? What type of contract is a restraint of trade? Under what circumstances can a restraint of trade be enforced? Join labour law expert Andrew Goldberg as he answers all the above questions and more. By attending this webinar you will also get to hear details of the latest case law on restraint of trade contracts. Learning objectives By the end of this webinar you should: Understand the principles of restraint of trade contracts. Understand the factors which the courts consider that weigh in favour of enforcement. Understand factors that need to be raised in defence of enforcement. Know the leading authorities on the topic. Know the latest case law where the COVID-19 economy is raised as a defence.  Content The webinar will cover the following topics:  What is a restraint of trade contract? Who are the leading authorities on the topic? How is a restraint of trade enforced? Factors that weigh in favour of enforcement. The COVID-19 economy - how it's being raised as defence. Case law to challenge a restraint of trade. Case law to enforce a restraint of trade. About the presenter:  Andrew Goldberg Andrew Goldberg has been practising for over 17 years in Labour Law, with 10 of those years in own practice. He is the holder of a Masters Degree in Labour Law. Andrew is Acting Judge of the Labour Court with two reported judgments and over a thousand appearances at the Labour Court. Andrew has the special ability to breakdown topics so that attendees can fully understand all the processes under discussion. The following persons will benefit from purchasing this webinar: Legal practitioners. HR representatives. Industrial relations officers. Legal officers of companies. Employees. Workers' union officials. Paralegals. Law students and candidate attorneys. Anyone interested in employment and labour law. Price     R450.00 per person. Additional material Should you attend this webinar, we will provide you with the following: We will provide you with Labour Court pro-forma application on urgency to enforce a restraint of trade clause. We will provide employers with the current case law related to enforcing a restraint of trade clause. We will provide employees with all the case law to challenge a restraint of trade clause. We will provide you with a flow chart showing the benefits of various employment contracts. A summarised slide presentation. Reference documents and/or course material where available.

Overview Recently the CCMA and Labour Court has been awash with social media cases. Recent cases have shown that disciplinary action can be used when employees go too far with their social posts but that employers cannot expect their employees to behave when they are no longer at work. Employees have been dismissed for social media posts on WhatsApp groups, Facebook and Twitter or posting Tik-Tok videos. The offending content can be criticism or slander of the employer, racism, sexism or incitement to violence, nudity or provocative content. Employees need to watch what they put out on social media, whereas employers need to avoid being watchdogs of society. We will address hot and relevant topics such as after-hours blogging and after-hours posting and how it affects the employment relationship. Discussions of topics such as clickbait, email hobnobbing, slandering, insubordination and after-hours posting will be covered in-depth. When can you expect an employee to work after hours? Can you expect an employee to answer his cellphone after hours? Can you dismiss an employee for going to a wedding or a rugby match when they are meant to be on sick leave? We discuss the critical case law and the key takeaways What constitutes sufficient grounds for disciplinary action against an employee who is acting against the company policy by posting on social media to be taken. Can you dismiss on a first instance, or is progressive discipline more appropriate? What defences could employees raise? What legal principles and rights underpin these unique but divergent cases?  Learning Objectives  Discuss the latest case law regarding social media  Uncover the legal principles underlying these cases Examine the grounds for disciplinary action  Explain why certain content is deemed unacceptable in our Constitutional democracy and workplace Examine the defences an employee could raise Discuss if these defences are sustainable Discuss whether after hours activities and postings have an impact on your current workplace Examine how to stop belligerent and slandering employees in their tracks Who this is for:   Legal Practitioners; HR Representatives; Industrial Relations officers; Legal officers of companies; Union officials Paralegals Law students and candidate attorneys Employees; and Anyone who has an interest in Employment and Labour Law. Price: R 450.00 per person (Online admission - Individual) By purchasing this webinar, we will provide you with the following: A summarised slide presentation. A disciplinary guideline on social media posts and other similar transgressions. Examples of social media posts that could be seen to against company policy. Access to the latest case law and summaries of the cases, including the court's findings. You can ask questions during the webinar, and you will also have access to the presenters after the webinar.

Overview Labour court appearances can be scary, but not when you are adequately prepared,  it can then be both exciting and intimidating. As an attorney, lawyer or advocate, Human Resources Personnel, consultant or anyone interested in C ourt, it is vital that you know what Court is about and what takes place there. A court can be both exciting and intimidating. This webinar is also part of the Labour Law Short Course. To enjoy the experience and avoid the anxiety, Labour Law expert Andrew Goldberg who had over 2000  appearances at the Labour Court will advise you on preparing for  Labour Court.  Learning Objectives By the end of this Webinar, the attendee should know: To improve your knowledge and understanding of how the Court works. How to draft pleadings, Heads of argument and other pleadings. How to prepare for Court, What to do the day before Court and on the day of Court. How to You will be opened up to various insights into High Court. Content  Extracting the correct information from clients to enable you to adequately draft an application that will not let you down in Court. How to frame your prayers to obtain the correct outcome at Court. How to Index and paginate – the does and the don’ts. Drafting of Heads of Argument. Your first appearance at Court. What to know about the High Court. What to know about Labour Court. How to behave in Court. How to read the Judge. How to get your Court Order. Reporting to Client. About the Presenter Andrew Goldberg Andrew Goldberg has been practising for over 17 years in Labour Law, with ten years in his own practice. He is the holder of a Masters Degree in Labour Law. Andrew has been an Acting Judge of the Labour Court with two reported judgments and over two thousand appearances at the Labour Court. Andrew has the unique ability to break down topics so that attendees can fully understand all the processes under discussion. Who this is for? The following persons will benefit from attending this webinar: Legal practitioners. HR representatives. Industrial relations officers. Legal officers of companies. Employees. Workers' union officials. Paralegals. Law students Candidate attorneys. Anyone interested in employment and labour law. Price R 500.00 per person For more information about the Labour Law Short Course, please click here.  Additional material By purchasing this webinar, you will be provided with: A summarised slide presentation. Reference documents and/or course material where available. You can ask questions during the Webinar, and you will also have access to the presenter after the Webinar.

Overview Most matters brought on urgency are struck from the roll with costs. How can you avoid this poor situation as a practitioner or litigant? How do you explain to your clients what is urgent and what is not? Andrew Goldberg experienced in Co urt for over 20 years at the Labour Court that most litigants have no idea as to what makes a matter urgent and why a matter is struck off the roll for lack of urgency. Join labour law expert Andrew Goldberg  where he will bring you into the Urgent Court Room and help you get the Order your clients desire on an urgent basis. Learning objectives By the end of this Webinar, the attendee should know the following: Urgent Court processes. Know and understand what urgent applications can and should be brought at the Labour Court, How to draft an Urgent Application, what needs to be included, and what needs to be left out. Why costs are awarded. How to avoid costs orders How to report to the client. Content The Webinar will cover some or all the following topics: Introduction; Urgency vs non urgency – what is the difference? What matters are by their very nature urgent at the Labour Court? When can a matter be setdown; What does an urgent application comprise of – what are the essentialia; Setdown dates; Service; How to avoid pitfalls; How to get results; Normal rules vs urgent rules; Side issues; Heads of Argument; The Court Order; Reporting to Client. About the Presenter Andrew Goldberg has been practising for over 17 years in Labour Law, with ten years in his own practice. He is the holder of a master’s degree in Labour Law. Andrew has been an Acting Judge of the Labour Court with two reported judgments and over two thousand appearances at the Labour Court. Andrew has the unique ability to break down topics so that attendees can fully understand all the processes under discussion. Who this is for?  The following persons will benefit from attending this Webinar: Legal practitioners. HR representatives. Industrial relations officers. Legal officers of companies. Employees. Workers' union officials. Paralegals. Law students and candidate attorneys. Anyone interested in employment and labour law. Price R 500.00  Additional material By purchasing this webinar, you will be provided with: A summarised slide presentation. Reference documents and/or course material where available. You can ask questions during the Webinar, and you will also have access to the presenter after the Webinar.