Date: 2020/05/06 Version: 002 1 National Diploma Animal Production Farm Staff Management Date: 2020/05/06 Version: 002 2 Date: 2020/05/06 Version: 002 3 • Law governs working relationships • Labour Law deals with legal issues that govern relationship: • Employer and employee • Employee and employee • Trade unions • Relationship of rights and duties exists between employee and employer • Both parties are protected by labour law Date: 2020/05/06 Version: 002 4 • Activity in learner guide Date: 2020/05/06 Version: 002 5 • The LRA promotes the right to: • • • • • • • • • Fair labour practice Form and join employer/ employee organizations Organise and bargain collectively Strike and lock out Prohibits unfair discrimination Promotes self-governance and voluntarism in labour relations Favours conciliation and negotiation Reduce unnecessary technicalities in solving disputes Strengthens workplace democracy Date: 2020/05/06 Version: 002 6 Employer • Pay employee remuneration • Enter into a contractual obligation • Provide work to employees • Provide basic conditions of employment • Provide a safe working environment Date: 2020/05/06 Employee • Contractually enter into service • Perform diligently and competently • Obey all lawful and reasonable instructions of the employer • Promote the employers business and act in good faith Version: 002 7 • Advancement of economic development and social justice giving effect to constituent’s rights to fair labour practices as indicated in section 23(1) • Establishing and enforcing basic conditions of employment • Giving effect to obligations SA has in terms of International Labour Organization • Objectives of Basic Conditions of Employment Act will afford least protected worker protection in the workplace • The act takes precedence over any agreement • Conditions laid down in the Act represent minimum or basic conditions Date: 2020/05/06 Version: 002 8 • Activity in learner guide Date: 2020/05/06 Version: 002 9 • Complain to a fellow employee, a trade union representative or a trade union official or a labour inspector • Discuss their conditions of employment with their fellow employees, a trade union representative, their employer or any other person • Refuse to comply with an instruction that is contrary to this Act • Refuse to agree to any term of condition of employment that is contrary to this Act Date: 2020/05/06 Version: 002 10 • Inspect any record kept in terms of this Act that relates to employment of that employee participate in proceedings in terms of this Act • Request a trade union representative, or a labour inspector to inspect any record kept in terms of this Act and that relates to employment • Every trade union representative has the right at request of an employee to inspect any record kept in terms of this Act that relates to the employment of that employee Date: 2020/05/06 Version: 002 11 Terms of BCOEA • Employers have specific administrative duties • Keeping record of employee information/data for at least four years after employment • Providing employee with a proper employment contract • Providing employee with detailed information on remuneration • Providing employees with certificates of service Date: 2020/05/06 Version: 002 12 • Employee Personnel Folder • Personal record, emergency information, performance, recognition, training and conduct • Documenting is a supervisor’s responsibility • Employees have a right to see initial notes concerning performance or conduct • Employees may review the contents of their work folder upon request • Employee personnel folders must be maintained in a secure area, guards against unauthorized access • Readily accessible for supervisors to enter notes and other documentation Date: 2020/05/06 Version: 002 13 • Review applicable laws with regard to required records • Review employment application forms, evaluation forms and other similar documents to be sure they are non-discriminatory • Review with supervisors the kind of disciplinary documentation which should be maintained in all employees files • Know to what extent state laws mandates employee access to personnel files and establish a system for controlling such access Date: 2020/05/06 Version: 002 14 • Do not disclose information on employees • • except to those whose who have a legitimate need to know the information • Do not discuss charges or complaints • Get consent before disclosure where possible • Have one person responsible for all disclosures to ensure consistency of treatment • Provide “neutral” references for former employees • Maintain adequate security overall employment records Date: 2020/05/06 Version: 002 15 • Activity in learner guide Date: 2020/05/06 Version: 002 16 Personnel file contain all HR information: • Applications or resumes • Performance review • Employee comments or responses if appropriate • Disciplinary actions • Salary history, deductions, bonuses, special pay, pay rate changes • Promotions and demotions • Apprenticeships, job training, courses or degrees • Attendance Date: 2020/05/06 Version: 002 17 • Family/dependent records • Medical records • Payroll records Date: 2020/05/06 Version: 002 18 1. 2. 3. 4. 5. 6. 7. 8. 9. Temporary or permanent promotion / demotion Transfer / Relocation Restructuring Skills development Incapacity due to ill health or injury Disciplinary action Death Change in marital status Change in family status Date: 2020/05/06 Version: 002 19 • Arrange working time of each employee • In accordance with BCOE or act regulating Health and Safety • Ensure that working times do not endanger employee’s health or safety • Arranged with due regard to family responsibilities • “Day” means a period of 24 hours Date: 2020/05/06 Version: 002 20 • Activity in learner guide Date: 2020/05/06 Version: 002 21 • Overtime: Section 10 • Compressed working week: Section 11 • Averaging of hours of work: Section 12 • Meal intervals: Section 14 • Daily and weekly rest period: Section 15 • Pay for work on Sundays: Section 16 • Night work: Section 17 • Public holidays: Section 18 Date: 2020/05/06 Version: 002 22 • Stipulations of Basic Conditions of Employment Act (BCEA) • Agreement entered into with your employees • Conditions vary according to types of posts • Method of recording overtime, i.e. electronically or manually Keep accurate records of: • Any overtime agreement • Starting and expiry dates of overtime agreements • Overtime worked on a daily, weekly, monthly or annual basis • When it was reimbursed and how Date: 2020/05/06 Version: 002 23 • Employees who work less than 24 hours per month are excluded from the application of this chapter of the BCOE Date: 2020/05/06 Version: 002 24 • Activity in learner guide Date: 2020/05/06 Version: 002 25 • Annual leave • Family responsibility leave • Sick leave • Maternity leave • Records occupational disease or injury leave Date: 2020/05/06 Version: 002 26 • Leave not required by law and as per your company’s own conditions • Paternity leave • Study leave • Extended leave/sabbatical leave after a specified number of years of service • Special paid leave, e.g. For moving home • Special unpaid leave Date: 2020/05/06 Version: 002 27 Employee’s personnel file should include: • Leave application forms signed • Any records or notes you may use for planning leave • Accurate and up-to-date records of all types of leave Date: 2020/05/06 Version: 002 28 Section 29 (1) (n) (o) and (p), 30, 31 and 22 do not apply to : • Employers employing less than 5 employees • Domestic workers • Employees must pay remuneration to employee according to their agreements • Remuneration must be paid within 7 days of completion of period of work or termination of the employment contract • Payment must be made at workplace / place agreed upon • During the working hours or within 15 minutes of commencement or conclusion of working hours; and in a sealed envelope Date: 2020/05/06 Version: 002 29 • Activity in learner guide Date: 2020/05/06 Version: 002 30 • Garnishee orders • Signed repayment/deduction agreements • Notice of termination of service/resignation • Notice agreement (signed) • Accommodation agreements • Copy of payslips Date: 2020/05/06 Version: 002 31 • Provides funds to workers who've become unemployed • Unemployment Insurance Act and Unemployment Insurance Contributions Act: • • • • • • Workers working less than 24 hours a month for an employer Learners Public servants Foreigners working on contract Workers who get a monthly State (old age) pension Workers who only earn commission Date: 2020/05/06 Version: 002 32 Employers must register themselves and their worker(s) • What is UIF • Who can claim from the UIF FUND? • Can I claim from the UIF fund if I have resigned? Date: Date: 2020/05/06 24/01/2020 Version: 002 33 • Activity in learner guide Date: 2020/05/06 Version: 002 34 The UIF covers five kinds of benefits namely: • Unemployment benefits • Illness benefits • Maternity benefits • Death benefits Date: 2020/05/06 Version: 002 35 • How to claim different benefits • Illness benefits • Death benefits Date: 2020/05/06 Version: 002 36 • Providing a safe working environment • Employer ensure that workplace is free of hazardous substances • Employer must inform workers of these dangers, how they may be prevented and how to work safely and provide other protective measures for a safe workplace Date: 2020/05/06 Version: 002 37 • Act is based on the principle that dangers in the workplace must be addressed by communication and cooperation between the workers and the employer Date:2020/05/06 24/01/2020 Date: Version: 002 38 Duty of employer: Duty of employee: • Ensure that every person complies with requirements of the Act • Enforce the necessary control measures • Work and equipment used, under supervision of trained worker • Ensure that precautionary measures are implemented and maintained • Identify potential hazards • Establish the precautionary measures that are necessary to protect workers • Provide necessary information, instructions, training and supervision • Carry task unless necessary precautionary measures have been taken • Take care of health and safety of all employees • Where the act imposes a duty or requirements on the worker to cooperate with the employer • Give information to inspector from department of labour if require • Carry out any lawful instruction • Comply with rules and procedures • Wear the prescribed • Report unsafe or unhealthy conditions to employer or health and safety representative • Report incident to the employer and authorised person or the health and safety representative Date: 2020/05/06 Version: 002 39 • The right to information • The right to participate in inspections • The right to comment on legislation and make representations • The right not to be victimised • The right to appeal Date: 2020/05/06 Version: 002 40 • What are H&S representatives? • How many health and safety representatives must be designated? • What are they entitled to do? • What is the purpose of health and safety committees? • When must health and safety committees be established? • What do health and safety committees do? Date: 2020/05/06 Version: 002 41 • Activity in learner guide Date: 2020/05/06 Version: 002 42 • Fund from which claims are paid to employees that are hurt in cause of duty • Compensation fund is regulated by the Compensation for Occupational Injuries and Diseases Act (COIDA) 1. How to register 2. Injury on Duty/Occupational Disease Claims 3. Procedure when reporting Occupational Injury or Diseases Date: 2020/05/06 Version: 002 43 Purpose of the Act: Section 2 • Achieve equity in the workplace • Promoting equal opportunity and fair treatment • Implementing affirmative action measures to redress disadvantages Date: 2020/05/06 Version: 002 44 • Chapter II (sections 5 – 11) applies to all employers and employees • Chapter III (sections 12 – 27) applies to designated employers • Designated employer employs 50 or more or has a total annual turnover as reflected in Schedule 4, municipalities and organs of state • Employers can also volunteer to become designated employers • Designated group means black people, women, or people with disabilities • South African National Defence Force, National Intelligence Agency, and South African Secret Services are excluded from this Act Date: 2020/05/06 Version: 002 45 • Chapter 11 Prohibition of unfair discrimination • Section 7 Medical testing • Section 8 Psychological Testing • Section 10 Disputes concerning Chapter 11 • Chapter 111 • • • • • • • • • Section 13 Duties of designated employee Section 15 Affirmative action measurers Section 16 and 17 Consultation Section 18 Disclosure of information Section 19 Analysis Section 20 Employment Equity Section 21 Report Section 24 Designated employer must assign a manager Section 27 Income differentials Date: 2020/05/06 Version: 002 46 • Chapter V Monitoring, Enforcement and Legal Proceedings • • • • • • • Section 34 Monitoring Section 35 Powers of the labour inspector Section 36 Undertaking to comply Section 37 Compliance order Section 43 Review by Director General Section 50 Powers of the Labour court Section 51 Protection of Employee Rights • Chapter VI General Provision • Section 53 State contracts • Section 60 Liability of Employers Date: 2020/05/06 Version: 002 47 • Aims to develop strategies and improving skills of workforce • Providing learnerships, financing of skills development and to regulate employment services • Encourage employers to use workplace as an active learning environment • Encourage participation in learnership and training programmes • Improve employment prospects of previously disadvantaged persons Date: 2020/05/06 Version: 002 48 • National Skills Authority • National Skills Fund • Skills Development levy-grant scheme • SETAs • Labour Centres • Skills Development Planning Unit Date: 2020/05/06 Version: 002 49 • Introduced in 1998 • Gave rise to t Skills Development Levies Act in 1999 • Develop skills - through training and education of SA workforce • Employers paying a 1% levy of total wage bill, payable to SARS Date: 2020/05/06 Version: 002 50 • Applies to all employers except: • • • • • • • • Public sector Religious or charity organisations Public entities that get more than 80% of their money from Parliament Employers • Whose total payroll is less than R 500 000 from 1 August 2005 • Who do not have to register according to the Income Tax Act SARS collects, retains 8% as collection fee 12% goes to National Skills Fund 80% to SETA’s SETA's retain 10% for own administration, disperse 50% back to compliant and participating employers, allocate 20% to discretionary funds Date: 2020/05/06 Version: 002 51 • Bursaries (Full qualification) • Can be for currently employed (18.1) or unemployed learners/employees (18.2) • Funding covers training cost • Unemployed learners, it provides a learner allowance and an employer incentive • Skills programmes (short course) • Internships (Work site experience for unemployed learners) • Funding covers training cost • It provides a learner allowance and an employer incentive • Funding ranges from R 1 600 to in excess of R 50 000 per person Date: 2020/05/06 Version: 002 52 • Participants may access funding from respective SETA's • Employers can benefit from financial incentives (Section 12H) • Organizations optimize B-BBEE compliance by aligning training objectives • Businesses address skills shortages through participation Date: 2020/05/06 Version: 002 53 • Activity in learner guide Date: 2020/05/06 Version: 002 54 Learning Unit 2: Human Resources Policies in the Workplace Date: 2020/05/06 Version: 002 55 • Policy is a formal statement of a principle or rule • Policy addresses important issue in organization's mission or operations • Procedure indicate how to carry out or implement a policy. • Policy is "what" and procedure is "how to" Date: 2020/05/06 Version: 002 56 • Communicate values and expectations • Keep organisation in compliance with legislation • Provide protection against employment claims • Document and implement best practices appropriate to organisation • Support consistent treatment of staff, fairness and transparency • Help management to make decisions that are consistent, uniform and predictable • Protect individuals and the organization from the pressures of expediency Date: 2020/05/06 Version: 002 57 Step 1: Establish need for a policy Step 2: Develop policy content Step 3: Draft the policy Step 4: Review of the policy by key parties Step 5: Approve the policy Step 6: Implement the policy Step 7: Policy review and update Step 8: Communication of changes to the policy Date: 2020/05/06 Version: 002 58 Time to develop a policy when: • Legislation that expressly requires an organization has a policy in place • Help to ensure the organization is in compliance • Inconsistency in how employees behave or managers make decisions • Confusion about certain areas of business • Develop a new policy should not be taken lightly Date: 2020/05/06 Version: 002 59 • Code of Conduct • Confidentiality • Conflict of Interest • Working conditions • Attendance • Hours of Work • Termination (Voluntary and Involuntary) • Recruitment • Compensation and Benefits • Performance Management • Learning and development • Overtime • Privacy • Employee Information • Compassionate Leave • Sick Leave, Short Term Disability, Long Term Disability • Maternity, Parental, and Adoption Leave • Unpaid Leave • Family Leave • Grievance/Conflict Resolution • Formal complaint process • Disciplinary • Discrimination and Harassment/Respectful Workplace • Health and Safety • Accident Reporting • Workplace Violence • Alcohol and Drug Use Policy • Use of Company Equipment • General policy on the review and update of organization policies • Vacation Date: 2020/05/06 Version: 002 60 • Legal considerations • Operating considerations • Consultation Date: 2020/05/06 Version: 002 61 • • • • • • • • • • Purpose Scope Statement Responsibilities Definitions Questions References Effective Date Review Date Approval Date: 2020/05/06 Version: 002 62 • • • • • • • • • • Use straightforward clear language Content and wording is unbiased and encourages fair, consistent treatment Use terms consistently and define any special terms Only one possible meaning to standard or rule set by your policy Consider a few “what if” scenarios Use terms like “generally”, “usually”, and “typically” and avoid terms like “always” and “never” Include a statement like “this is intended as a guide only” Ensure standard set by policy will apply in all situations If using a sample policy or draft, tailor the policy for your specific workplace Use a policy template as guide Date: 2020/05/06 Version: 002 63 • Manager review • Employee review • Legal review Date: 2020/05/06 Version: 002 64 • If board is responsible for giving final approval on policies, it is often done with a formal, recorded motion • Provide board with information on why policy is needed and steps you took in developing the content for policy • Consult with board on scheduled review date • After board approval, add date of approval to policy Date: 2020/05/06 Version: 002 65 • Employees, managers and key stakeholder must have access to up-todate copies of policies • Implement and communicate policies: • Employee handbooks/Policy File • Information sessions • Policy training sessions • Statement of Understanding • Ongoing communication • Unilaterally introducing policies Date: 2020/05/06 Version: 002 66 • Reviewed and updated regularly • Two to three years, guidelines requires certain polices be reviewed annually • When reviewing policies consider the following: • • • • • Has the legal environment or regulations changed Has the policy been effectively implemented? How effective has it been in dealing with relevant situations? What feedback have you received from managers and employees? Is the policy accomplishing objective for which it was intended? Date: 2020/05/06 Version: 002 67 • Provide employees with sufficient notice of any fundamental change in a term or condition of their employment • Ensure significant updates to policies are communicated • Statement of understanding, this forms part of communication of updated policy Date: 2020/05/06 Version: 002 68 • Activity in learner guide Date: 2020/05/06 Version: 002 69 Date: 2020/05/06 Version: 002 70 • What is recruitment? • What is recruitment in HRM? • Type so recruitment: • • • • • Internal Retained Contingency Staffing Outplacement Date: 2020/05/06 Version: 002 71 • Recruitment is a nuanced process • Requires extensive research, thorough procedures, and finesse • To produce high-quality hires • Look internally before externally • Reach out to “passive” candidates • Hire the sure thing – ready to work Date: 2020/05/06 Version: 002 72 • Identify the hiring need • Devise a recruitment plan • Write a job description • Advertise the position • Recruit the position • Review applications • Phone Interview/Initial Screening Date: 2020/05/06 • Interviews • Applicant Assessment • Background Check • Decision • Reference Check • Job offers • Hiring • Onboarding Version: 002 73 Date: 2020/05/06 Version: 002 74 • Essential part of hiring and managing employees • Ensure employees understand their roles and responsibilities • Help attract the right job candidates • Describe major areas of an employee’s job or position • Serve as a basis for outlining performance expectations • Provide a reference point for compensation decisions and unfair hiring practices Date: 2020/05/06 Version: 002 75 Analysis of the important facts about a job such as: • Individual tasks involved • Methods used to complete the tasks • Purpose and responsibilities of the job • Relationship of the job to other jobs • Qualifications needed for the job Date: 2020/05/06 Version: 002 76 • Don’t be inflexible with your job description • Jobs are subject to change for personal growth, organizational development and/or evolution of new technologies • A flexible job description encourages employees to grow within their position and contribute over time to your overall business Date: 2020/05/06 Version: 002 77 • Job title • Job objective or overall purpose statement • Summary of the general nature and level of the job • Key functional and relational responsibilities in order of significance • List of duties or tasks performed critical to success • Additional items for job descriptions for recruiting situations • Job location where the work will be performed • Salary range Date: 2020/05/06 Version: 002 78 • Job is a basic term that describes a set of duties and responsibilities performed by one person or multiple people • Position is a job held by one person • Responsibilities are major areas of accountability and are the primary functions of a job • Tasks are specific activities that jobholders perform to accomplish larger duties and responsibilities Date: 2020/05/06 Version: 002 79 Structure your sentences in classic verb/object and explanatory phrases Occupant of the job is the subject of your sentence, it may be eliminated Always use the present tense of verbs Use explanatory phrases telling why, how, where, or how often to add meaning and clarity • Omit any unnecessary articles such as "a," "an," "the," or other words for an easy-to-understand description • Use unbiased terminology • Avoid using adverbs or adjectives that are subject to interpretation such as "frequently," "some," "complex," "occasional," and "several" • • • • Date: 2020/05/06 Version: 002 80 • Job summary/ purpose • Key responsibilities • Minimum job requirements • • • • Education Experience Special skills Certifications and licenses • Physical requirements • Disclaimer Date: 2020/05/06 Version: 002 81 • Review JD before distributing • JD was written by an external source, management-level employee or a few jobholders in relevant department also review • JDs should be approved by human resources staff members and line or staff management • If a review process does not exist, create one • Periodic reviews of JDs are also necessary • Review every two or three years for accuracy Date: 2020/05/06 Version: 002 82 • JDs can also be helpful for performance reviews and compensation strategies • Focus your efforts on developing accurate JDs that include the six key components and are clear, concise, and consistent across your organization • By developing effective JDs, you can make the management of staff on your farm so much easier Date: 2020/05/06 Version: 002 83 Date: 2020/05/06 Version: 002 84 Definition - Process of planning, implementing, monitoring and improving and sustaining the efficiency and effectiveness of organisations, teams and individuals Date: 2020/05/06 Version: 002 85 • Three main concepts: • Organisation as a whole • Units within the organisation (divisions, departments, teams, etc) • Individual staff members • Five major components: • • • • • Planning and contracting performance requirements Implementing planned activities Monitoring and measuring performance levels Improving activities Sustaining achieved performance levels • Improving efficiency and effectiveness refers to both: • Improving individual performance • Developing individual skills and knowledge Date: 2020/05/06 Version: 002 86 1. 2. 3. 4. The Individual’s Role/Position Description The Business/Team/Department Plan The Individual Performance Plan The Performance Management Cycle Date: 2020/05/06 Version: 002 87 • Phase 1: Performance planning and contracting • January/February • Phase 2: Interim review • June/July • Phase 3: Final review and appraisal • November/Desember Date: 2020/05/06 Version: 002 88 • Individual performance plan is basis for performance agreement • Contains the following components: • • • • • A statement of performance result Manager’s support Learning and development plan Performance evaluation Career plan Date: 2020/05/06 Version: 002 89 • Review any existing individual performance agreement • At least one uninterrupted hour for performance planning and agreement meeting • Review the relevant business/department/team plan, key outputs required by business relevant to work you do • Consider any issues that might arise during meeting • Create a positive atmosphere in meeting Date: 2020/05/06 Version: 002 90 • Ensure that all materials you need are available, previous performance agreements, business/department/team plan and preparatory notes • Manager/supervisor has to play a lead role in facilitating • Manager/supervisor should set performance context • Discuss priorities of business as a whole and department or team • Stick to the facts Date: 2020/05/06 Version: 002 91 Section 1: Personal details and performance evaluation record • New form for each annual individual performance agreement • Complete all the details in the first section • Refer to performance evaluation definitions when completing form Section 2: Performance planning • Agree on the Key Performance Areas and the major goals and objectives • Do not try to capture all results the staff member must achieve use the 80/20 principle • Be specific in the descriptions you use • Performance results should contain the most important contributions • Copies of relevant business plan, team plans, and staff member’s job description Date: 2020/05/06 Version: 002 92 Step 1: • Start by identifying the Key Result Areas Step 2: • SMART objectives: S = Specific M = Measurable A = Achievable R = Realistic T = Time bound Date: 2020/05/06 Version: 002 93 • Make sure that you have covered all areas of responsibility • Cover all day-to-day responsibilities, which are not indicated on job description • Ensure that all the departmental goals and objectives are covered Date: 2020/05/06 Version: 002 94 Evaluate your learning progress against: • Identify, articulate and communicate specific goals and objectives contributing to division’s vision and mission? • Identify performance objectives and goals relevant to specific teams and allocated them to specific team members based on their level of expertise, competence and time availability? • Formulate specific, measurable and achievable objectives for each individual? • Ensure that all the critical areas of performance are covered by the identified goals and objectives? Date: 2020/05/06 Version: 002 95 Date: 2020/05/06 Version: 002 96 Written notice to attend disciplinary hearing, should specify: • Charge to be faced • Date, time and place of disciplinary hearing • Employee will be allowed representation by a fellow employee or shop steward of his choice at the hearing • Employee will be allowed to call witnesses at the hearing • That an interpreter will be provided should employee request the services of one • Failure on part of employee to attend hearing without a valid reason, may be regarded as a waiver of his right to such a hearing, in which case the hearing will proceed in absence • Whether or not the employee will be suspended on full pay pending the outcome of the hearing Date: 2020/05/06 Version: 002 97 • Sufficient details must be given to enable employee to know nature of the act or omission and date on which it occurred so that he can prepare a defence • Giving a brief description of the facts that gave rise to charge not only enables the employee to prepare his defence, but also allows Chairman of hearing to make any finding which is consistent with facts when they are proven Date: 2020/05/06 Version: 002 98 • Give employee sufficient time to prepare his defence • This requirement must be balanced against conflicting requirement that the employee is entitled to have the hearing take place within a reasonable time after the alleged offence, i.e. the hearing must not be unduly delayed • Where charges relate to more involved offences such as fraud committed over a long period of time, both the Employer and the Employee may reasonably require a longer period of time to prepare their respective cases Date: 2020/05/06 Version: 002 99 • Employee must be allowed representation • In terms of Act employee is entitled to be represented by a fellow employee of his choice • Representation by outsiders such as lawyers and consultants is not allowed • Employee may call any witnesses • Employer must, at the request of employee, arrange for an interpreter to be present at the hearing Date: 2020/05/06 Version: 002 100 • If employee fails to attend at specified time without prior provision of an acceptable reason, hearing may proceed in absence • Chairman should ascertain the reason for the employee’s nonattendance as well as the likelihood of the employee attending the hearing if it is postponed for a few days • Chairman should postpone hearing and arrange for a written warning to be delivered to the employee Date: 2020/05/06 Version: 002 101 • If offence is of a very serious nature or employee would hinder investigation employee may be suspended on full pay pending outcome of the hearing • If employee requires access to employer premises to obtain documentation or other items necessary to enable him to prepare for hearing, such access must be allowed but should be subject to supervision by a member of management whilst he is on premises Date: 2020/05/06 Version: 002 102 • Gathering all relevant dates, times and facts, collated in chronological order • Consulting with witnesses and taking a brief statement from each • Identify additional charges • Documentation should be bound in a file and two copies of file made Date: 2020/05/06 Version: 002 103 • Must be impartial and not bias • Chairman should be senior management • If not suitable, consideration outsider, labour consultant or any attorney, to chair • Before conclusion, adjourn proceedings to consider all evidence • Give findings on charges • Request mitigations • Advice on decision of charge or finding • Give written judgement Date: 2020/05/06 Version: 002 104 • Chairman confirm that copy of charge sheets was received • Read charges, asking whether admits or denies each charge • “Prosecutor” or “Initiator” will give a brief outline • Call witnesses • Employer and employee may ask questions to witnesses • Employee will give evidence, outlining events that led to charges • Employer’s representative and employee then summarise their case • Chairman will make a decision • Employer’s representative and employee may question finding if guilty Date: 2020/05/06 Version: 002 105 • Witnesses must give evidence in person, that “accused” can question • Evidence: • Hearsay • Documentary • Video recording Date: 2020/05/06 Version: 002 106 • Chairman of a hearing must be satisfied “on a balance of probabilities” • That employee committed the offence Date: 2020/05/06 Version: 002 107 • Chairman decide guilty • Chairman’s duty to decide what sanction • Important factors to consider: • Employer’s disciplinary code • Code of Good Conduct in Labour Relations Act • Previous disciplinary record of employee, length of service, personal circumstances etc. • How employer has treated similar offences in past • Effect of employee’s conduct on relationship of trust between employer and employee • Alternatives to dismissal Date: 2020/05/06 Version: 002 108 • Emphasise the issues to be decided by the chairman • Summarise and analyse the evidence • Deal with version of events which balance of probabilities supports • Draw conclusions • Conclude with the sanction Date: 2020/05/06 Version: 002 109 • Activity in learner guide Date: 2020/05/06 Version: 002 110 Date: 2020/05/06 Version: 002 111 • Latin word movere = "to move" • Psychological processes that cause arousal, direction and persistence • Voluntary actions that are goal directed • Managers need to successfully guide employees toward accomplishing organisational objectives” Date: 2020/05/06 Version: 002 112 Willingness to perform Job Performance Capacity to perform Date: 2020/05/06 Opportunity to perform Version: 002 113 • Self-realisation • Status and prestige • Social • Safety and security • Physiological Date: 2020/05/06 Version: 002 114 • Activity in learner guide Date: 2020/05/06 Version: 002 115 Date: 2020/05/06 Version: 002 116 • Security • Workplace policies and rules • Salary and fringe benefits • Working conditions • Interpersonal relations between manager and co-workers • Management impact Date: 2020/05/06 Version: 002 117 • Recognition of work well done • Opportunities for development • Interest and importance of work • Responsibility and progress Date: 2020/05/06 Version: 002 118 Motivated workers has advantages: • Higher productivity • More satisfied and happier employees • Better morale • Lower labour turnover and absenteeism • Better relations between employer and employees Date: 2020/05/06 Version: 002 119 • Activity in learner guide Date: 2020/05/06 Version: 002 120