Services

 

Labour Law

Labour Law

We provide assistance with the entire range of labour services.  These include, but are not limited to the following:

  • CCMA, and Bargaining Council Assistance & Representation;
  • Mediation;
  • Assistance with pre-disciplinary processes such as drafting of charges, suspension notices etc;
  • Review and drafting of Independent Contractor’s agreements;
  • Review and drafting of tailor made Employment contracts i.e. Limited Duration, Permanent, Part-time and Trainee contracts.
  • Policies and Procedures to ensure compliance and suited to operational needs.
    • E.g. HIV & Aids, Alcohol & Drugs, Employment Equity, Sexual Harassment Policies, etc.
    • E.g. Restraint of Trade, Acknowledgement of Debt and Recognition Agreements, etc.
  • Disciplinary Hearings & Pre-dismissal Arbitrations;
  • Labour Court applications, reviews and trials;
  • Retrenchments, restructuring and reorganizing of human resources and workflows;
  • Union negotiations and engagements;
  • Strike management;
  • Poor work performance management & appraisal guidance;
  • Absenteeism control;
  • IOD (Injury on Duty) advice and assistance;
  • Incapacity management, hearings and assistance;
  • UIF registration and completion of Form UI19.
Employment Equity

Employment Equity

Whether submission is required by a designation or voluntary, we support our clients by offering:

  • Drafting and submission of EEA2 & EEA4 Reports;
  • Development and submission of Employment Equity Plan;
  • Employment Equity Analysis;
  • Management of Employment Equity Committee Meetings.

 

B-BBEE

B-BBEE

Broad-Based Black Economic Empowerment (B-BBEE) is a central part of the South African government’s economic transformation strategy. 

Smith and Associates is pleased to advise clients that we propose strategies to increase B-BBEE scores thereby earning higher procurement recognition scores and facilitate the implementation of B-BBEE strategy.  B-BBEE scores are becoming ever more important in securing contracts to supply goods or services to any listed company, OEM, 1st Tier supplier or any entity conducting business with public entities.  In addition to this B-BBEE compliance at a high level is mandatory for licenced operations in regulated industries such as mining, etc.

Skills Development

Skills Development

Skills Development applies to all employers with a wage/salary bill greater than R500k per annum and serves to improve the skills and productivity of the South African workforce. Compliance with this Act may by design have a significant effect on B-BBEE scores and provide an added benefit in terms of tax rebates.

Voice Stress Analysis/ Polygraphs

Voice Stress Analysis/ Polygraphs

VOICE STRESS ANALYSIS (“VSA”) is akin to polygraph examinations, however, where a polygraph examination is suggested to be approximately 86% accurate, a VSA test has been regarded as approximately 98.1% accurate.  Smith & Associates now offer incident or situation specific VSA tests, as well as periodic or pre-employment screening VSA tests.

Training

Training

Management 101

This course outlines the fundamental obligations within an employment relationship and highlights the basic responsibilities of a Manager. It will allow you to answer the following questions:

  • What is expected of me as a Supervisor/Manager?
  • How do I face the difficult supervisory decisions?
  • How can I improve compliance and cooperation in my department?
  • What is discipline?
  • How should I discipline?
  • How do I deal with “problem employees” without infringing upon their rights?

Once completed, Managers and Supervisors will have mastered the necessary basic people management skills, enabling effective management of human resources.  We discuss general management styles and the importance of reinforcing daily discipline of employees to achieve organisational objectives.

Supervisory Training

This customised training is focused on the role, responsibilities and duties of a Supervisor.  It highlights the most important aspects of people management and appropriate management styles. This module seeks to develop and enforce people management skills and address the following questions:

  • Am I required to discipline?
  • What is discipline?
  • What is a Disciplinary Code and how to make use of this document?
  • Categorising the Disciplinary Code?
  • Types of offences and the retrospective sanctions when in breach.
  • How to deal with social offences and substance abuse problems.

On completion of this course, Supervisors will have mastered the skills necessary to enforce standards and deal with deviations appropriately.  These skills will allow them to develop, acquire trust and authority in an environment where this may previously have been absent.

Initiators Training

An Initiator is the individual who represents the organisation in a disciplinary enquiry. We are often challenged with poor presentation of evidence by an untrained Initiator, making determination of guilt difficult. Ultimately, to achieve a fair outcome in a disciplinary enquiry, we depend on the strength and quality of the Initiator’s case. Within this course we will discuss the following:

  • When does one embark on a disciplinary enquiry?
  • What is a disciplinary enquiry (the process etc.)?
  • What is expected of an Initiator?
  • The Labour Relations Act and the guidelines;
  • Appropriate sanctions for types misconduct;
  • The Law of Evidence – acceptable or not?

Once completed, Initiators will understand their purpose within a disciplinary hearing and ensure their evidence is sufficient and appropriately presented.  This case presentation forms the basis of any later arbitration of the dispute. 

Chairpersons Training

A Chairperson is the individual who presides over a disciplinary enquiry and has the authority to make a determination at the conclusion of the case.  During this module we outline the following topics and ensure competence on:

Module 1:

  • What is a disciplinary enquiry?
  • The role of a Chairperson;
  • The role of HR in an enquiry;
  • Rights of the accused employee;
  • The layout of the disciplinary enquiry;
  • The process and stages of a disciplinary enquiry;
  • Tips on facilitation.

Module 2:

  • Law of Evidence (admissible or inadmissible);
  • Common errors made by Chairpersons;
  • Evidence and Evidentiary Weight;
  • Difficult decisions – How to reach a finding?
  • The do’s and don’ts.

Module 3:

  • What is an incapacity process?
  • Chairing an incapacity enquiry;
  • Scheduled 8: Code of Good Practice;
  • Difficult decisions – when to consider dismissal and alternatives.

Poor Work Performance Training

A primary management concerns is poor work performance.  This everyday occurrence can cripple organisations as underutilized management is often ill-equipped and resultantly fails to address these vulnerabilities appropriately and in accordance with South African legislation.

In this module, we will look at the following topics:

  • What is poor work performance?
  • The difference between poor work performance and incapacity?
  • How to discipline and manage poor performing employees?
  • Documented steps to ensuring improved performance?
  • How the management of poor work performance can improve your business?

Once completed, managers and supervisors will be able to identify poor performers within their departments and address this behavior appropriately, leading to increased performance and outputs.

Employment Equity Training

This module will empower you to grasp the South African legislation relating to Employment Equity and is the first step in becoming compliant with statutory requirements.  This course will allow for a detailed understanding of the dynamics and significance of establishing an Employment Equity Committee within your organisation. It allows for an overview of the individual role-players within your Employment Equity Committee, their responsibilities, collective rights as well as the importance of the relationship between the Committee and Management.

Once completed, delegates will be fully competent on the following topics:

  • Understanding Employment Equity legislation;
  • The role and purpose of an Employment Equity Committee;
  • Different phases of implementation and how to manage these;
  • Employment Equity reports (drafting of, completion, submission and compliance).
  • Employment Equity plans (drafting and monitoring).