Legal Compliance in the Appointment and Promotion Process Workshop

 

Your participation in this interactive workshop will enable you to:

  • Understand the legal framework in which appointments and promotions take place;
  • Know the procedures that should be followed in regard to public service employees;
  • Understand the role of the selection committee, the Employer and Unions;
  • Know what constitutes discrimination and in what circumstances affirmative action may be applied;
  • Understand the dispute resolution process;
  • Have the ability to represent a party at a promotion/non appointment arbitration

Legislation and Jurisdiction

  • The Legislation and Jurisdiction
  • Labour Relations Act 66 of 1995
  • Employment Equity Act 55 of 1998
  • Basic Conditions of Employment Act 75 of 1997
  • Promotion of Access to Information Act 2 of 2000
  • Promotion of Administrative Justice Act 3 of 2000
  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
  • Education Regulations
  • Public Service Act and Regulations
  • Unfair Labour Practice Jurisdiction vs Discrimination Jurisdiction
  • Appointment vs Promotions
  • Who is the Employer?


Fair Recruitment Techniques

  • Advertising
  • Head-hunting and Succession Planning
  • Recruitment Agencies
  • Labour Brokers


The Elements of Fair Procedure

  • Procedure
  • Discrimination
  • Not Grossly Unreasonable


Procedural Issues

  • Identifying the Appropriate Procedure
  • Minimum Job Requirements
  • Sifting
  • Short-listing
  • Interviews
  • References, Pre- and Post-selection Medical Tests and Psychometric Testing
  • Interview Techniques
  • Recommendations


Discrimination

  • Fair and Unfair Discrimination
  • Direct and Indirect Discrimination
  • Defences to Discrimination
  • Substantive vs Procedural Fairness in Discrimination


The Job Offer and Contract of Employment
Dispute Resolution Systems
Implementing Awards
Focus on Arbitration
Arbitral Module Outline

  • Overview
  • Gathering Information
  • Disputes of Fact vs No Disputes of Fact
  • Analysing and Strategising
  • Research Precedent
  • The Onus
  • Arbitral Remedies
  • Mandates
  • Pre-arbitration Meetings
  • Joinder
  • Procedure to be followed at Arbitration
  • Opening Argument
  • Presenting the Case at Arbitration

Durban, 17-19 November 2010, Elangeni Hotel
Cape Town, 17-19 November 2010, Capetonian Hotel
Johannesburg, 24-26 November 2010, Indaba Hotel

One delegate: R 6 903.00 plus VAT = R 7 869.42
Two or more delegates from the same organisation: R 6 213.00 plus VAT = R 7 082.82