Human Resources Management in South Africa has been through a very difficult transition from 1994. We have a few Acts that govern the interaction between employees and employer’s. The Acts themselves are relatively simple but the interaction and interpretation has left several causalities along the route .One on the cornerstones of a sound industrial relationship is that companies need to obey and understand the different Acts that are involved in this system. From the Basic Condition of Employment Act, The Labour Relation Act and the Employment Equity Act, lies the pillars of this fragile partnership. There are others but these form the backbone of the system.
Most companies prefer using the internet to manage their human resources. Correctly inspired most of the information is there but it misses the human factor. We are dealing with human beings with feeling and families. Therefore it is highly relevant that core values are attached to your HR management.
This starts with the companies placing of advertisement for new vacancies. The interview process, the selection, the appointment and the commencement package.
If you follow the guidelines then your letter of appointment and your contact of employment will follow. The employee will then follow an induction program together with their Codes of Conduct, Job Description or Specification ( there is a Difference ) and most important your companies Disciplinary Process.
A few weeks or months or years you want to dismiss this worker. You have a disciplinary Hearing. You dismiss. You end up in the CCMA and the employee get three months’ salary award. And you wonder what went wrong. Every dismissal in the eyes of the CCMA and the courts are viewed as a CAPITAL OFFENCE VERDICT. So where all your “I” dotted and “T” crossed. Employees and Employers have rights and we find so often that we let our emotions dictate the industrial relation environment. This is when it becomes costly.
Whether it is employment practises, Codes of Conduct or Disciplinary Hearing it must be fair and equitable. Many employers feel that the CCMA is skewed in favour of the employee. This is really untrue because if you follow the correct procedure and used the correct means most CCMA outcomes can be viewed as fair and just.
Retrenchments and taking over companies as a ‘going concern “is another minefield. Make sure you know the law and apply it correctly.
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