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Programmes

Labour Law Academy Programmes

A programme consists of a number of courses on the same topic, or a number of courses which will equip the practitioner or student with the knowledge and skills to be able to perform a function within the field of labour law and labour relations.

The programmes are listed in the programme code order. The programmes on this page reflect the intention of the LLA to provide comprehensive courses on a wide range of labour law and labour relations issues. We intend to have all these available during 2019.

The courses can be completed in any order and at any time. This flexibility means that practitioners or students are not locked into a programme, or the order in which courses are listed in a programme as in traditional university type courses. This means that courses can be done when they are required for a particular purpose or to assist in resolving a workplace dispute.

Courses which are available are in bold and each has a link which leads directly to the course page. To be informed of new courses as they are added, please complete the registration form.

How to navigate this page:  click on the – or + to open or close the panel displaying the content of the programme.

LLA 100 Introduction to labour law and labour relations

This programme is intended to assist individual employees, owners of small businesses and trade unions, and anyone who wishes to work in the labour relations field.

 

LLA 101 An introduction to legal skills: How to think like a lawyer

LLA 105 Referring a dispute to the CCMA or bargaining council

LLA 110 An introduction to labour relations in South Africa

LLA 120 A guide for employees in a disciplinary hearing

LLA 125 An introduction to workplace rules

LLA 130 An introduction to chairing a disciplinary hearing

LLA 150 An introduction to conciliation at the CCMA or bargaining council

LLA 180 An introduction to terms and conditions of employment

LLA 190 When must severance pay be paid?

LLA 400 Unfair dismissals

The courses in this programme discuss and explain the principles associated with an unfair dismissal and compare this with an unlawful termination of a contract of employment. The courses also analyse section 187 of the Labour Relations Act, 1995 which deals with automatically unfair dismissals.

 

LLA 410 Unfair dismissal and unlawful terminations

LLA 420 Automatically unfair dismissals

LLA 430 Automatically unfair dismissal on the ground of discrimination

LLA 600 Substantive fairness

In this programme the elements of substantive fairness are explained in a manner that a chairperson or arbitrator can understand and apply to a particular misconduct or poor performance dispute.

LLA 600 Aspects of substantive fairness

LLA 660 Consistency

LLA 670 The appropriate sanction

LLA 800 Dismissal on the ground of poor performance

This programme concerns dismissal for poor performance, one of the two forms of incapacity dismissals.

LLA 810 Procedural fairness of poor performance dismissals

LLA 820 Substantive fairness of poor performance dismissals

LLA 830 Probation

LLA 1000 Retrenchment

This programme explains the complex law regarding retrenchment of employee’s, more formally known as dismissal on the ground of the operational requirements of the employer.

 

LLA 1010 Retrenchment –part 1

LLA 1020 Retrenchment- part 2

LLA 1030 Mass retrenchments

LLA 1040 Assessing the fairness of retrenchment

LLA 1050 Severance pay disputes

LLA 1200 Disciplinary Hearings

Practitioners are free to chose course which they believe best suit their own situations, taking into account their previous experience and the particular circumstances of a case.

Introduction course

LLA 1210 An introduction to chairing a disciplinary hearing.

This course is an introduction and is intended for someone who has never had to chair a hearing before. It covers the law and best practice in a thorough way and attempts to leave out as much legalese as possible.

The professional programme

The suggested programme to enable a manager or owner of a business to chair a hearing competently and professionally is as follows:

LLA 500 Principles of procedural fairness

LLA 510 Procedural fairness prior to the hearing

LLA 520 Procedural fairness during the hearing

LLA 530 Procedural fairness after the hearing

LLA 540 Some issues concerning procedural fairness

LLA 600 Aspects of substantive fairness

LLA 660 Consistency

LLA 670 The appropriate sanction

LLA 700 Principles applicable to the form of misconduct

PLUS one or more of the following:

LLA 710 Absence as a form of misconduct

LLA 715 Abusive and sexist conduct

LLA 720 Assault

LLA 725 Conflict of interest

LLA 730 Derivative misconduct

LLA 735 Desertion as a form of misconduct

LLA 738 Dishonesty

LLA 740 Fraud

LLA 745 Intimidation

LLA 750 Insubordination

LLA 760 Intoxication

LLA 765 Negligence

LLA 765 Sexual harassment

LLA 770 Stock loss

LLA 775 Theft

Chairpersons -and arbitrators- need to be able to apply the law with regard to evidence, and so the full programme dealing with evidence should be included.

LLA 1305 An introduction to the law of evidence

LLA 1310 Evidence of witness

LLA 1320 Documentary evidence

LLA 1390 Assessing evidence

LLA 1400 Labour Dispute Resolution

This programme is aimed at setting the theoretical framework for the resolution of labour disputes.

 

LLA 1410 Principles of labour dispute resolution

LLA 1420 Processes

LLA 1430 Paths

LLA 1440 Referrals

LLA 1450 Forums

LLA 1600 Applications and CCMA Rules

This programme is explains how the CCMA Rules – which bargaining councils generally follow- should be applied in a practical way.

LLA 1610 Introduction to applications

LLA 1620 Condonation applications

LLA 1630 Rescission applications

LLA 1640 Joinder

LLA 1645 Substitution

LLA 1648 Postponement

LLA 1650 Recusal applications

LLA 1660 Applications for a Subpoena

LLA 1670 Applications for legal representation

LLA 1680 Financial matters at the CCMA

LLA 1800 Contracts of employment and terms and conditions of employment

While drafting contracts of employment is often the work of lawyers, it has become a requirement of practitioners to understand and apply the terms and conditions of employment contracts.

LLA 1840 The use and abuse of fixed term contracts of employment

LLA 2400 Equity and harassment

Sexual harassment in the workplace

This programme consists of the following courses:

LLA 2410 Introduction to sexual harassment

LLA 2420 Employer liability for sexual harassment

LLA 2430 Prevention of sexual harassment

LLA 2440 Dismissal for sexual harassment

LLA 300 Dismissal

The courses in this programme discuss and explain the law and best practice with regard to section 186 of the Labour Relations Act, 1995, that is the meanings of the word “dismissal”.

LLA 310 Introduction to dismissal in terms of the LRA

LLA 312 Principles of a fair dismissal in terms of the LRA

LLA 315 Workplace rules and discipline

LLA 320 Resignation and dismissal

LLA 330 Retirement and dismissal

LLA 340 Fixed term contract dismissals

LLA 350 Constructive dismissal

LLA 360 No employment relationship

LLA 370 Termination by agreement

LLA 380 Causation and disguised dismissals

LLA 382 Dismissal for an unknown reason

LLA 385 Dismissal demanded by a third party

LLA 390 Dismissal and incompatibility

LLA 395 Dismissal of strikers

LLA 398 Sanctions

LLA 500 Procedural fairness

The courses in this programme analyse the law and set out best practice with regard to the element of procedural fairness of a dismissal for misconduct and poor performance.

 

LLA 500 Principles of procedural fairness

LLA 510 Procedural fairness prior to the hearing

LLA 520 Procedural fairness during the hearing

LLA 530 Procedural fairness after the hearing

LLA 540 Some issues concerning procedural fairness

LLA 700 Forms of misconduct

The courses in this programme analyse the law and set out best practice with regard to the more common forms of misconduct. The elements of each form are set out and then explained in detail with reference to case law.

 

LLA 700 Principles applicable to the form of misconduct

LLA 710 Absence as a form of misconduct

LLA 715 Abusive and sexist conduct

LLA 720 Assault

LLA 725 Conflict of interest

LLA 730 Derivative misconduct

LLA 735 Desertion as a form of misconduct

LLA 738 Dishonesty

LLA 740 Fraud

LLA 745 Intimidation

LLA 750 Insubordination

LLA 760 Intoxication

LLA 765 Negligence

LLA 765 Sexual harassment

LLA 770 Stock loss

LLA 775 Theft

LLA 900 Dismissal on the ground of ill health or injury

This programme deals with the difficult cases or dismissal on the ground of an employee’s ill health or injury.

LLA 910 Ill health or injury dismissal

LLA 1100 Remedies for unfair dismissal

This programme explains sections 193 and 194 of the Labour Relations Act, 1995

LLA 1100 Remedies for unfair dismissal

LLA 1300 The law of evidence in hearings and arbitrations

This programme consists of the following courses:

LLA 1305 An introduction to the law of evidence

LLA 1310 Evidence of witness

LLA 1320 Documentary evidence

LLA 1330 Specific types of oral evidence

LLA 1333 Hearsay evidence

LLA 1338 In camera evidence

LLA 1340 Specific types of documentary evidence

LLA 1350 Real evidence

LLA 1360 Special rules of evidence

LLA 1370 Circumstantial evidence

LLA 1380 Limiting evidence

LLA 1390 Assessing evidence

LLA 1500 Conciliation and con-arb

While all disputes which fall into the jurisdiction of the Labour Relations, Act 1995 must be conciliated, the knowledge and skills of the parties involved as well as of the conciliator often leave much to be desired. This course is intended to assist these parties and to set out best practice.

LLA 1500 The conciliation and con-arb of a labour dispute

LLA 1700 Arbitration of a labour dispute

This programme is intended to assist any person who attends an arbitration whether as a a party, a representative of a party, or as an arbitrator.

This programme includes the following other programmes:

LLA 300 Dismissal

LLA 500 Procedurally fair dismissals

LLA 600 Substantive fairness

LLA 700 Forms of misconduct

LLA 800 Dismissal on the ground of poor performance

LLA 900 Dismissal on the ground of ill health or injury

LLA 1300 The law of evidence in hearings and arbitrations;  and

LLA 1600 Applications and CCMA Rules

PLUS

LLA 1710 An introduction to the arbitration of labour disputes

LLA 1720 Arbitration in terms of  the LRA

LLA 1730 Steps of an arbitration

LLA 1740 The conduct of an arbitration

LLA 1750 Private arbitration of a labour dispute in terms of  the Arbitration Act, 1965

LLA 1780 Arbitration awards

LLA 2200 Unfair labour practices

This programme deals with section 186(2) of the Labour Relations Act, 1995.

LLA 2210 Promotion disputes. This course is based on the masters thesis of Sean Molony.

Other course dealing with the further forms of unfair labour practices will be added.

LLA 2600 Policies

This programme provided pro formapolicies for a range of common labour relations matters. The policies are based on the provisions of the Basic Conditions of Employment Act, 1997 and include provisions in each policy aimed at resolving the many aspects of the BCEA which are left open to interpretation and lead to disputes. The polices explain both how the policy should be applied and what could happen if the policy is not applied by providing appropriate disciplinary sanctions.

 

LLA 2600 Contracts of employment policy

LLA 2602 Fixed term contract of employment policy

LLA 2605 Working hours policy

LLA 2610 Overtime policy

LLA 2612 Disciplinary code policy

LLA 2615 Meal time policy

LLA 2616 Sunday work policy

LLA 2618 Work on public holidays policy

LLA 2620 Annual leave policy

LLA 2622 Sick leave policy

LLA 2625 Maternity leave policy

LLA 2627 Family responsibility leave policy

LLA 2630 Grievance policy

LLA 2632 Night work policy

LLA 2634 Deductions policy

LLA 2640 Confidentiality policy

LLA 2650 Termination and resignation policy

LLA 2655 Internet usage policy

LLA 2675 Protected Disclosures policy

LLA 2680 Performance management policy

LLA 2685 Restraint of trade policy

LLA 2690 Sexual harassment policy

LLA 2691 Company vehicle use policy

LLA 2692 Health and safety policy

LLA 2693 Conflicts of interest policy

LLA 2695 Employment Equity Policy