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Date: 2020/05/06
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National Diploma Animal Production
Farm Staff Management
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• 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
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• Activity in learner guide
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• The LRA promotes the right to:
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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
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Employer
• Pay employee remuneration
• Enter into a contractual
obligation
• Provide work to employees
• Provide basic conditions of
employment
• Provide a safe working
environment
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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
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• 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
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• Activity in learner guide
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• 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
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• 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
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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
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• 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
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• 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
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• Do not disclose information on employees
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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
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• Activity in learner guide
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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
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• Family/dependent records
• Medical records
• Payroll records
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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
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• 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
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• Activity in learner guide
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• 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
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• 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
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• Employees who work less than 24 hours per month are excluded
from the application of this chapter of the BCOE
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• Activity in learner guide
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• Annual leave
• Family responsibility leave
• Sick leave
• Maternity leave
• Records occupational disease or injury leave
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• 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
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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
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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
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• Activity in learner guide
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• Garnishee orders
• Signed repayment/deduction agreements
• Notice of termination of service/resignation
• Notice agreement (signed)
• Accommodation agreements
• Copy of payslips
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• Provides funds to workers who've become unemployed
• Unemployment Insurance Act and Unemployment Insurance
Contributions Act:
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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
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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?
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• Activity in learner guide
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The UIF covers five kinds of benefits namely:
• Unemployment benefits
• Illness benefits
• Maternity benefits
• Death benefits
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• How to claim different benefits
• Illness benefits
• Death benefits
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• 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
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• Act is based on the principle that dangers in the workplace must be
addressed by communication and cooperation between the workers
and the employer
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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
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• 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
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• 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?
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• Activity in learner guide
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• 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
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Purpose of the Act: Section 2
• Achieve equity in the workplace
• Promoting equal opportunity and fair treatment
• Implementing affirmative action measures to redress disadvantages
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• 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
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• Chapter 11 Prohibition of unfair discrimination
• Section 7 Medical testing
• Section 8 Psychological Testing
• Section 10 Disputes concerning Chapter 11
• Chapter 111
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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
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• Chapter V Monitoring, Enforcement and Legal Proceedings
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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
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• 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
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• National Skills Authority
• National Skills Fund
• Skills Development levy-grant scheme
• SETAs
• Labour Centres
• Skills Development Planning Unit
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• 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
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• Applies to all employers except:
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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
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• 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
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• 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
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• Activity in learner guide
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Learning Unit
2:
Human
Resources
Policies in the
Workplace
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• 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"
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• 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
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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
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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
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• 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
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• Legal considerations
• Operating considerations
• Consultation
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Purpose
Scope
Statement
Responsibilities
Definitions
Questions
References
Effective Date
Review Date
Approval
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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
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• Manager review
• Employee review
• Legal review
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• 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
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• 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
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• Reviewed and updated regularly
• Two to three years, guidelines requires certain polices be reviewed
annually
• When reviewing policies consider the following:
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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?
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• 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
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• Activity in learner guide
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• What is recruitment?
• What is recruitment in HRM?
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Internal
Retained
Contingency
Staffing
Outplacement
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• 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
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• Identify the hiring need
• Devise a recruitment plan
• Write a job description
• Advertise the position
• Recruit the position
• Review applications
• Phone Interview/Initial Screening
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• Interviews
• Applicant Assessment
• Background Check
• Decision
• Reference Check
• Job offers
• Hiring
• Onboarding
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• 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
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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
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• 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
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• 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
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• 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
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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"
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• Job summary/ purpose
• Key responsibilities
• Minimum job requirements
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Education
Experience
Special skills
Certifications and licenses
• Physical requirements
• Disclaimer
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• 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
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• 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
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Definition - Process of planning, implementing, monitoring and
improving and sustaining the efficiency and effectiveness of
organisations, teams and individuals
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• Three main concepts:
• Organisation as a whole
• Units within the organisation (divisions, departments, teams, etc)
• Individual staff members
• Five major components:
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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
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The Individual’s Role/Position Description
The Business/Team/Department Plan
The Individual Performance Plan
The Performance Management Cycle
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• Phase 1: Performance planning and contracting
• January/February
• Phase 2: Interim review
• June/July
• Phase 3: Final review and appraisal
• November/Desember
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• Individual performance plan is basis for performance agreement
• Contains the following components:
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A statement of performance result
Manager’s support
Learning and development plan
Performance evaluation
Career plan
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• 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
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• 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
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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
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Step 1:
• Start by identifying the Key Result Areas
Step 2:
• SMART objectives:
S = Specific
M = Measurable
A = Achievable
R = Realistic
T = Time bound
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• 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
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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?
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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
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• 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
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• 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
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• 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
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• 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
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• 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
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• 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
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• 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
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• 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
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• Witnesses must give evidence in person, that “accused” can
question
• Evidence:
• Hearsay
• Documentary
• Video recording
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• Chairman of a hearing must be satisfied “on a balance of probabilities”
• That employee committed the offence
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• 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
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• 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
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• Activity in learner guide
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• 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”
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Willingness
to perform
Job Performance
Capacity to
perform
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Opportunity
to perform
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• Self-realisation
• Status and prestige
• Social
• Safety and security
• Physiological
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• Activity in learner guide
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• Security
• Workplace policies and rules
• Salary and fringe benefits
• Working conditions
• Interpersonal relations between manager and co-workers
• Management impact
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• Recognition of work well done
• Opportunities for development
• Interest and importance of work
• Responsibility and progress
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Motivated workers has advantages:
• Higher productivity
• More satisfied and happier employees
• Better morale
• Lower labour turnover and absenteeism
• Better relations between employer and employees
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• Activity in learner guide
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