Tuesday, 9th September 2014
The Industrial Court is the creature of the Industrial Relations Act 1967. Therefore it has to function within the limits imposed by the statute that created it, and according to its provisions. Based on s. 30(5), Industrial Relations Act 1967, the Industrial Court shall act in according to equity, good conscience and the substantial merits of the case. This means that the Industrial Court shall adopt a broad approach of common sense and common fairness, eschewing all legal and other technicalities. Come join us in this presentation where the President of the Industrial Court will guide you on the application of equity and good conscience in trade disputes between employers and trade unions, in dismissals due to misconduct and poor performance, in matters relating to bonuses, mergers and acquisitions and others.
Sick leave for employees, whether it is used for legitimate or not-so-legitimate reasons, has become a major problem for many organisations and industries worldwide. However, can employers reject MCs at work? If so, what are the circumstances it can be rejected in and what are the implications, if any, for the employers? What is the law on MCs? How is a MC legally defined? Do employers need to appoint Panel Clinics to better manage sick leave at work? How can employers determine whether their employees are truly sick or merely feigning illness. How do employers deal with doctors who are ‘too easy’ in awarding MCs to their employees?
Workplace romance exists when two employees of the same organization develop a relationship with mutual attraction. Occasionally, such romances may break up and cause damage to the morale and productivity in the workplace. Worse, either party to the relationship may even make a sexual harassment complaint against the other, and this can then quickly become the employer’s problem. Therefore, how does the employer identify and handle “true love” vs sexual harassment? What are the applicable laws and guidelines for employers? How does the employer develop an appropriate relationship policy about office romance? Does the employer prohibit dating among employees or do you require employees to disclose a romantic relationship? Or do you just ignore them if the romance is not causing any operational issues?
Are you aware of the processes or procedures and legalities involved when dealing with termination of employment, specifically resignation, dismissal due to misconduct, dismissal for poor performance, retirement, medical board out, frustration of contract, etc? Are your processes airtight to reduce any risk of liabilities? Learn from us, as termination without the correct process may result in an unfair dismissal claim, which, even if not legitimate, is costly, unsettling, and a distraction to the workplace.
If you are involved in collective bargaining, are you aware of the complex and multi-layered dynamics at play?
Have you had any employee who was dismissed and subsequently filed a representation for reinstatement at the Industrial Relations Department (IRD)? The conciliation process that takes place before the DGIR who acts through the Industrial Relations Officer (IRO) at the IRD provides an opportunity to the employer and the dismissed employee to resolve their differences with the assistance of a neutral third party conciliator, specifically the IRO. If conciliation fails, the IRD will make notify the Minister of Human Resources who will then decide whether or not the representation should be referred to the Industrial Court. The question is: Are you ready to properly and adequately put forward the employer’s case? Are you aware of the processes and documentation involved at the IRD which includes furnishing a report to the Minister? How do you manage these stages of the dispute resolution processes to the end that a favourable outcome might be achieved without the necessity for a reference to the Industrial Court?
Wednesday, 9th September 2014
Throughout most of history, women generally have had fewer legal rights and career opportunities than men. Wifehood and motherhood were regarded as women’s most significant ‘professions’.
Mental health issues affect us all, whether we are employers or employees. When mental health issues at work are not addressed and treated properly, there can be considerable personal and financial costs to individuals and organisations. How do mental health issues show at the workplace? How can you tell if an employee has a mental health problem? What do we do when a focused, results-oriented employee of a sudden begins to arrive to work late, appears disorganized and lethargic, and becomes less productive? How do we deal with an employee who suddenly behaves erratically, appears withdrawn and less cooperative. What happens when we fail to act?