Particular consideration should be given to employee who are injured at work or who are incapacitated by work-related illness. A newly hired employee may be placed on probation for a period that is reasonable given the circumstances of the job. 6 Items 1 to 4 of Schedule 8 provide guidance on procedural fairness of dismissal for misconduct. dismissal was an appropriate sanction for the contravention of the rule or standard. Introduction.—(1) This code of good practice deals with some of the key aspects of dismissal for reasons related to conduct and capacity.It is intentionally general. “code of good practice” means a code of good practice issued by the Minister in terms of section 87 of this Act; 10 “collective agreement”means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and. Generally, it is not appropriate to dismiss an employee for a first offense, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable. Schedule 8 of Labour Relations Act CODE OF GOOD PRACTICE: DISMISSAL [Schedule 8 amended by s. 57 of Act No. However, like any other act of misconduct, it does not always deserve dismissal . Dr ROB D VIES, MP MINISTE OF TRADE AND INDUSTRY DATED /1. the extent to which the employee is able to perform the work; the extent to which the employee's work circumstances might be adapted to accommodate disability, or, where this is not possible, the extent to which the employee's duties might be adapted; and. 2. R. 1440 13 November 1998 Basic Conditions of Employment Act, 1997 Notice is hereby given in terms of section 87(2) of the Basic Conditions of … A dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure, even if it complies with any notice period in a contract of employment or in legislation governing employment. l It is common practice for mortar to be provided pre-mixed or dispensed from a calibrated mortar silo on site. Dismissal during the probationary period should be preceded by an opportunity for the employee to state a case in response and to be assisted by a trade union representative or fellow employee. In the case of certain kinds of incapacity, for example alcoholism or drug abuse, counselling and rehabilitation may be appropriate steps for an employer to consider. This Code of Good Practice is of particular significance for employees who perform shift work or regular night work and to their employers. 4. In the process, the employee should have the right to be heard and to be assisted by a trade union representative or a fellow employee. Any person determining whether a dismissal for poor work performance is unfair should consider-, if the employee did not meet a required performance standard whether or not-. Interested persons are … %PDF-1.5 Effective date 1 April 2011 . the employee was aware, or could reasonably be expected to have been aware, of the required performance standard; the employee was given a fair opportunity to meet the required performance standard; and. In cases of permanent incapacity, the employer should ascertain the possibility of securing alternative employment, or adapting the duties or work circumstances of the employee to accommodate the employee's disability. 3. This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. the seriousness of the contravention of this Act; attempts made to comply with this Act; and. These are: the conduct of the employee, the capacity of the employee , and the operational requirements of the employer's business. INTRODUCTION 1.1 Many women work during pregnancy and many return to work while they are still breast-feeding. Commencement This code comes into force on 1 July 2016. This requires that the standards of conduct are clear and made available to employees in a manner that is easily understood. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 5. Code of Good Practice on Picketing - This code of good practice is intended to provide practical guidance on picketing in support of any protected strike or in opposition to any lock-out. whether or not the strike was in response to unjustified conduct by the employer. General Principles and the Generic Scorecard 8 7. This Code was issued in Government Notice No. Efforts should be made to correct employees' behaviour through a system of graduated disciplinary measures such as counselling and warnings. Code of Good Practice on the handling of sexual harassment cases Sexual harassment is unwelcome conduct of a sexual nature and may include: l physical conduct; l unwelcome innuendoes; l sexual advances; l unwelcome gestures and indecent exposures; and l quid pro quo treatment (where an employer or supervisor attempts to influence the process of employment or promotion or training or … The employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as between two or more employees who participate in the misconduct under consideration. 1. In this chapter, these items are analysed in depth to establish exactly what is required to ensure procedural fairness. 1. Guidelines in cases of dismissal arising from ill health or injury. Incapacity on the grounds of ill health or injury may be temporary or permanent. stream It is intentionally general. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. SCHEDULE CODE OF GOOD PRACTICE ON THE PROTECTION OF EMPLOYEES DURING PREGNANCY AND AFTER THE BIRTH OF A CHILD 1. 3. Precedents set by courts of law and other quasi- Schedule 8 of the LRA contains the Code of Good Practice which inculcates a system of fairness for both substantive and procedural elements of discipline. National Council on Administrative Fellowships Code of Good Practice – p. 1 2019 CODE OF GOOD PRACTICE Statement of the Issue Post-graduate administrative fellowships in Healthcare Management (hereafter referred to as “fellowships”) are a critical stepping stone for many early careerists who will ultimately aspire to senior leadership roles. 1.2 The objective of this code is to provide guidelines for employers and The cause of the incapacity may also be relevant. Guidelines in cases of dismissal for poor work performance, 11. 1 0 obj Schedule 8. The period should be determined by the nature of the job, and the time it takes to determine the employee's suitability for continued employment. The courts have endorsed the concept of corrective or progressive discipline. inspections, and compliance with code requirements, standards, and manufacturer recommendations. SCHEDULE Code of Good Practice for employment and conditions of work for Expanded Public Works Programmes 1. THE CODE OF GOOD PRACTICE: DISMISSAL. The provisions of this Code It is intentionally general. The Code of Good Practice - Dismissal 1. (a) Issue the following Codes of Good Practice (the codes) under section 9 (1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. The employer should issue an ultimatum in clear and unambiguous terms that should state what is required of the employees and what sanction will be imposed if they do not comply with the ultimatum. 2.2.3 with due regard to this Code of Good Practice; 2.2.4 with due regard to the family responsibilities of employees. code of minimum standards for construction of houses to ensure quality and a sustainable building. This Code of Good Practice is of particular significance for employees who perform shift work or regular night work and to their employers. 12 of 2002.] In order to establish the conduct employers expect from their employees in the workplace, all employers must adopt disciplinary procedures (according to the Code of Good Practice Schedule 8.3(1)).These rules must be consistent and in larger businesses disciplinary processes are expected to be more formalised in terms of disciplinary hearings. More serious infringements or repeated misconduct may call for a final warning, or other action short of dismissal . (a)Publish the following Schedule 1 of the Amended Codes of Good Practice in terms of Section 9 (1) of the Broad-Based Black Economic Empowerment Amendment Act 2003, (Act No. Chapter 5 Code of Good Practice: Dismissal (Schedule8) 106 Schedule 8 into consideration. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances. 3 0 obj The pre-dismissal procedures that must be followed by the employer have been codified to some extent in the Code of Good Practice: Dismissal, contained in Schedule 8 of the LRA. Some rules or standards may be so well established and known that it is not necessary to communicate them. Trumping Provision 4 4. Disciplinary measures short of dismissal, 7. An employer's rules must create certainty and consistency in the application of discipline. This Code of Practice is concerned with ensuring that quality is maintained during wholesaling and it sets out appropriate standards to be applied. Introduction (1) This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. 6. Implementation 2 3. Category Legislation Sub Category Codes of good practice Document Type Information Sheet Filename Schedule 8 of the LRA IS.pdf Publish Date 17/09/2014 Price When deciding whether or not to impose the penalty of dismissal, the employer should in addition to the gravity of the misconduct consider factors such as the employee's circumstances (including length of service, previous disciplinary record and personal circumstances), the nature of the job and the circumstances of the infringement itself. 2. 2. This guide outlines the basics of the Code of Good Practice regarding Dismissal as per Schedule Eight of the Labour Relations Act 1995. 4. GOOD SITE PRACTICE AND WORKMANSHIP Brick Development Association www.brick.org.uk 8 MORTAR JOINTS l Mortar specification must be appropriate for its intended use. The employee should be allowed the opportunity to state a case in response to the allegations. It also refers to, and goes into further detail of, specifics sections of the Labour Relations Act where relevant. 3. Formal procedures do not have to be invoked every time a rule is broken or a standard is not met. l It is common practice for mortar to be provided pre-mixed or dispensed from a calibrated mortar silo on site. Code of Good Practice for Expanded Public Works Programmes Employing Children in Advertising, Artistic or cultural Activities Protection of Employees during pregnancy and after Birth of a Child �W41�1�ԝ�Dz�������|�Ը���e��E4��' ���z� ��q'; 1ǥ0P��n���~��-�����>��D+�FrV�e5^뛻d�-ڽ����zy�2��؝��U��7�@i��2h����>?5h A[gY����n!^Pɻ�W�7w��3ܐڮ���m3�^}����X�n��L���[m6�AJ���/�h���m|TC���(�y��vi�?��i�~��e(b�3�/d�z��;� Minister Davies says the refined Codes symbolise a new beginning in the re-orientation of the transformation policy to focus more on productive B-BBEE and the growth of black entrepreneurs through Enterprise and Supplier Development elements. Section 9(5): Codes of Good Practice It is hereby notified that the Minister of Trade and Industry hereby issues the following draft Code of Good Practice for public comments under section 9(3) of the Broad-Based Black Economic Empowerment Act 53 of 2003. Participation in a strike that does not comply with the provisions of Chapter IV is misconduct. In short, medicines in Schedules 2, 3, 4 and 8 need to be stored and distributed in accordance with the label requirements of the sponsor, State and Territory legislation and this Code. 1. 12 of 2002.] South African Government www.gov.za Let's grow South Africa together If the employer fails to do that, or fails to prove that the dismissal was effected in accordance with a fair procedure, the dismissal is unfair. The degree of incapacity is relevant to the fairness of any dismissal. The purpose of the Code is to, according to section 1.3: The key principle in this Code is that employers and employees should treat one another with mutual respect. Whether or not a dismissal is for a fair reason is determined by the facts of the case, and the appropriateness of dismissal as a penalty. after a reasonable period of time for improvement, the employee continues to perform unsatisfactorily. R. 19 April 2001 as an expansion on the protection, afforded by the Employment Equity Act, No. It must be remembered that each dismissal case is unique, This code of good practice deals with some of the key aspects of dismissal for reasons related to conduct and capacity. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer's business. 2. Dismissal should be reserved for cases of serious misconduct or repeated offenses. Any person determining whether a dismissal arising from ill health or injury is unfair should consider-, 3. A Records Retention Schedule is a document that an organization uses to ensure that records are This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. Introduction 2 2. endobj Good Pharmacy Practice Manual and Associated SAPC rules 2018: South African Pharmacy Council 5 1.8 Minimum standards specifically relating to a storage area for pharmaceuticals outside the physical premises of a pharmacy 1.8.1 Management of storage facility 1.8.2 Condition of the storage area 1.8.3 Control of access to the storage area Repeated misconduct will warrant warnings, which themselves may be graded according to degrees of severity. Employers should keep records for each employee specifying the nature of any disciplinary transgressions, the actions taken by the employer and the reasons for the actions. The mortar supplier’s recommendations should be adhered to. <>>> given the employee appropriate evaluation, instruction, training, guidance or counselling; and. %���� The mortar supplier’s recommendations should be adhered to. In exceptional circumstances, if the employer cannot reasonably be expected to comply with these guidelines, the employer may dispense with pre-dismissal procedures. 1 . Retention Schedule is the foundation of a good records management program. Government has undertaken a number of initiatives to … Introduction. Code of good practice on Operational Requirements This Act defines a dismissal based on the operational requirements of an employer as one that is based on the economic, technological, structural or similar needs of the employer. 2 0 obj 53 of 2003); and (b) Determine that these Codes will come into operation within twelve (12) months from date of this publication. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances. 4. 1. This is the platform for thorough protection of organizational assets and the surest method to avoid risk and litigation. Prior to dismissal the employer should, at the earliest opportunity, contact a trade union official to discuss the course of action it intends to adopt. In essence, the Code of Good Practice sets out the minimum criteria for employers to meet in establishing fairness in disciplinary procedures. =jh�Fa`��*a�-Ձ׉�ّ SCHEDULE 8 – LABOUR RELATIONS ACT. CODE OF GOOD PRACTICE: DISMISSAL [Schedule 8 amended by s. 57 of Act No. whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace ; and. 1. This Act provides that a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees and trade unions, or if the reason is one of those listed in section 187. The photographs <> When alternatives are considered, relevant factors might include the nature of the job, the period of absence, the seriousness of the illness or injury and the possibility of securing a temporary replacement for the ill or injured employee. 1. whether or not the employee is capable of performing the work; and. 42 of 1996 and by s. 56 of Act No. 4. in cases where the dismissal is not automatically unfair, the employer must show that the reason for dismissal is a reason related to the employee's conduct or capacity, or is based on the operational requirements of the business. If the employee is dismissed, the employee should be given the reason for dismissal and reminded of any rights to refer the matter to a council with jurisdiction or to the Commission or to any dispute resolution procedures established in terms of a collective agreement. endobj �܋��j����4�h�I�Ģ$�oI@�4{h�a(`��`nf��"u��u��/>�s^ؓZ.,��>,CP��"���ϔY�j�1$wá��=+B!�ص�a2�c��&{���3Kd�;Q�G�;-tc��3����AS�b`������%z`��ڵ/��,Q5������n��� �2�b�Y_��������Ï��`D �����Jч��%'�xu�+jx����̭X�. x��[Yo�H~��Џ"`1��A` ��Esa��>d�A�h��,zHjf�﷎>IQ��%}��U_U�ě_�۷o~��x+�7?n��bU�����]_���7���ׯ�܅"���ׯB�ܖ���"Oc�H���ׯ��z���ꓷ�V���WO�����x% 16.3 Employers should make use of the Code of Good Practice: Dismissal (Schedule 8 to the Labour Relations Act 66 of 1995) as a guideline when exercising their powers of discipline and dismissal. Academia.edu is a platform for academics to share research papers. 1. 3. After probation, an employee should not be dismissed for unsatisfactory performance unless the employer has-. Schedule 8: Code of Good Practice: Dismissal. It is intentionally general. Code of Good Practice on the Arrangement of Working Time Government Gazette, 13 November 1998 No.19453 P. 122f No. A departure from the Code may be … on the other hand— Preamble 1.1 Reducing unemployment is one of the greatest challenges facing South Africa. CODE OF GOOD WHOLESALING PRACTICE . The employees should be allowed sufficient time to reflect on the ultimatum and respond to it, either by complying with it or rejecting it. 3. Whatever the merits of the case for dismissal might be, a dismissal will not be fair if it does not meet the requirements of section 188. Definitions. Overview of the amended Codes 4 5. The courts have indicated that the duty on the employer to accommodate the incapacity of the employee is more onerous in these circumstances. 4. The procedure leading to dismissal should include an investigation to establish the reasons for the unsatisfactory performance and the employer should consider other ways, short of dismissal, to remedy the matter. Whether or not the procedure is fair is determined by referring to the guidelines set out below. Discipline against a trade union representative or an employee who is an office-bearer or Official of a trade union should not be instituted without first informing and consulting the trade union. 1. GOOD SITE PRACTICE AND WORKMANSHIP Brick Development Association www.brick.org.uk 8 MORTAR JOINTS l Mortar specification must be appropriate for its intended use. Generic Code of Good Practice The Minister, has announced the release of the revised Broad-Based Black Economic Empowerment (B-BBEE) Codes of Good Practice. 16.4 An employer may only dismiss an worker if – there is a good reason for the dismissal; and. If the employee is likely to be absent for a time that is unreasonably long in the circumstances, the employer should investigate all the possible alternatives short of dismissal . 8.2verings – General Code Requirements Roof Co When appropriate, an employer should give an employee whatever evaluation, instruction, training, guidance or counselling the employee requires to render satisfactory service. 55 of 1998, to people with disabilities against unfair discrimination. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances. After the enquiry, the employer should communicate the decision taken, and preferably furnish the employee with written notification of that decision. In terms of section 138(6) and section 203(3) of the LRA, commissioners who are required to determine if a dismissal was procedurally fair are compelled to take Schedule 8 into consideration. Other steps can be taken to produce roofs that can perform better than code-mandated systems. It is intentionally general. The substantive fairness of dismissal in these circumstances must be determined in the light of the facts of the case, including-. The employer should notify the employee of the allegations using a form and language that the employee can reasonably understand. 2. This Code is not intended as a substitute for disciplinary codes and procedures where these are the subject of collective agreements, or the outcome of joint decision-making by an employer and a workplace forum.