Who should do this course? Why should you do this course?
This course is the foundational course for all courses presented by the Labour Law Academy. It is highly recommended that any person who does any of the courses complete the material.
The course teaches a method or approach to solving legal problems, or thinking like a lawyer. There is a particular way of thinking, a logic, to law. In order to be able to read, understand and apply the law -and both human resources and labour relations are fundamentally about the law- Practitioners need to have the necessary skills to ‘think like a lawyer’. The approach and content of this course are based on sound legal principles and is applicable to all issues which Practitioners are presented with and in all the contexts in which they are faced- from a disciplinary hearing, in consultation with a client, member of a trade union, to an arbitration.
How to do this course
The course is delivered via an on line learning platform meaning that anyone who does this course will need access to the internet, a computer, as well as a printer, which is needed to print out the workbook. The workbook is FREE.
It also means that you can do the course when you need to- when an issue or dispute has arisen on the questions dealt with in this course.
The course is divided into short modules so that an employee can complete the course over a period of time- and in their own time- from their workplace thereby saving the cost of setting up a training venue and limiting the amount of time employees are away from work.
On-line training has the additional benefit of allowing a student to re-do, review, and pause the training as well as do a refresher at any time during the training period. The benefit of the workbook is that the student has a physical document which contains all he needs to know about the content and is used as an interactive learning tool which assists in understanding and retention of the information conveyed during the course.
If you or your employees have not undertaken an online course before and need some guidance, follow this link.
What does this course cover? Table of Contents
- The FILAC method
- Sources of facts of a matter
- Skill: Understand the facts of an incident
- Exercise 1. To understand how to apply FILA; to understand facts; to work out which facts are relevant.
- Exercise 2. To understand how to apply FILA; to understand facts; to work out which facts are relevant.
- Skill: reading facts of a reported case
- Exercise 3. To understand how to apply FILA; to understand a reported case [which will teach you how to apply the law later on].
- Skill: skim reading
- Exercise 4. To learn how to skim read a case
- Exercise 5. To learn how to skim read a case; to learn how to set out a chairperson’s findings in a disciplinary hearing
- ISSUE IN DISPUTE
- Exercise 6. To understand how to apply FILA; to understand the issue in dispute
- Understanding the Issue in Dispute
- Exercise 7. To apply FILA; to understand the issue in dispute.
- Exercise 8. To apply FILA; to understand the issue in dispute in the context of case law
- Hierarchy of laws
- An overview of the LRA
- Exercise 9. To gain an overview of the LRA and understand how it is constructed.
- Skill: how to refer to legislation.
- Exercise 10. To be able to find information from the LRA.
- Exercise 11. To be able to understand which legislation is referred to in a particular case- the Bayete case for this exercise.
- Interpreting legislation
- Exercise 12. To illustrate the first rule of interpretation.
- Exercise 13. To illustrate the first rule of interpretation
- Exercise 14. To illustrate the second rule of interpretation
- Exercise 15. To work out what the elements are of a particular concept. To understand what evidence leads to be lead and what defences are available.
- Exercise 16. To work out what the elements are of a particular concept. To understand what evidence leads to be lead and what defences are available.
- Exercise 17. To work out what the elements are of a particular concept. To understand what evidence leads to be lead and what defences are available.
4. Case law
- Exercise 18. To illustrate the importance of researching and applying case law.
- Exercise 19. To learn how to research and apply the skill of skim reading.
- Learning points
- Overview of Employment Legislation in South Africa
- Which legislation applies- the question of jurisdiction
- Applying FILAC
- Exercise 20. To learn to apply the law to a set of facts.
- Distinguishing cases
- Exercise 21. To illustrate the skill of distinguishing one case from another in the context of the same legal principles.
- Exercise 22. To distinguish one case from another and give reasons why you do so
- Applying FILAC
Is this course accredited?
There is no appropriate unit standard for this course, so no it is not accredited. The aim of the Labour Law Academy (Pty) Ltd is to transfer knowledge and skills in an accessible and measurable manner. The intention is to assist organizations to up-skill their employees and change their behaviour.
Will I be assessed if I take this course and if so how?
Students can also complete an on line “quiz”- a test to check their understanding of the material covered. The progress of each student can be monitored, and the degree to which knowledge and skills have been transferred becomes apparent from the result of the quiz or quizzes.
How long will this course take me to complete?
It will take approximately 5 hours to complete this course remembering that a student can stop, start, rewind and repeat a module at his or her convenience.