Highly experienced and recognised legal Experts who will unpack this HR Law Masterclass Ivan IsraelstamIvan Israelstam is the Chief Executive Officer of Labour Law Management Consulting. He is known as a leading practitioner in labour law andpragmatic labour relations management with many years experience in corporate human resources management. He has an honours d degreefrom The University of the Witwatersrand and an IPM diploma in Personnel Management and in Training. PersonnelIvan is a regular labour law columnist for a number of newspapers and journals including Professional Management Review and “The Star” “newspaper’s ‘Workplace”. He is also the primary author of the “Labour Law for Managers Practical Handbook”.Ivan was appointed in 1996 as Handbook”.a part time commissioner with the Commission For Conciliation, Mediation and Arbitration. He is currently the chairperson of the Labour AffairsCommittee of the South African Chamber of Commerce and Industry in South Africa and therefore on the cutting edge of business decision hamber amaking on labour issues.Lizle Louw Lizle Louw Lizle Louw Lizle Louw is a director at ENS (Edward Nathan Sonnenbergs and has 10 years experience. She currently practices as an attorney in Edward Sonnenbergs) the employment department. She specialises in occupational health and safety as well as mine health and safety. She has represented a repre diverse range of clients by assisting with the drafting of employment contracts, the drafting and implementing of policies and procedures, retrenchments, all internal hearings (including disciplinary hearings, appeal hearings, poor performance counselling and issu relating to ill issues health or injury), CCMA arbitrations, private arbitrations, Labour Court and Labour Appeal Court litigation. ions, Lizle’s general practice experience includes advising on the Labour Relations Act, the Basic Conditions of Employment Act, the Employment th Equity Act and Section 197 transfers, as well as drafting contractor agreements and settlement agreements. She has represented employers at inquiries before the Department of Mineral Resources and regularly conducts due diligence exercises. She is the editor-in-chief of Labour Law editor for Managers: Practical Handbook, which is widely distributed in South Africa amongst Human Resources and Employee Relations ractical Practitioners. She has also presented training for various clients on disciplinary enquiries, how to deal with poor performan and ill health, as performance well as preparation for CCMA hearings. Marieke De beer Managing Member OF DE BEER AND ASSOCIATES CC,Marieke is a qualified and experienced lawyer specialised in the following; Formulation of company policies and procedures in accordance with sSA labour legislation, or evaluating and redrafting of existing policies and procedures; practical orientation training for management oninterpreting, administering and managing the requir requirements for sound labour relations; expert advice on performance management on all levels;drafting of all types of employment contracts; restraint of trade agreements and confidentiality clauses; advice on disciplinary, grievance andretrenchment matters; management of incapacity due to an employee’s ill health or injury; assisting in the preparation for and/orrepresentation in grievance, disciplinary and appeal hearings; chairing of grievance, disciplinary and appeal hearings; dispute resolution;negotiations and drafting of settlement agreements; company representation in conciliation and arbitration forums; drafting of all pleadings for ionsthe CCMA and Labour Court; opinions andadvice on any o other workplace related problems, among other.
Ben de BeerBen de Beer is an admitted attorney of the High Court of South Africa, specializing in medico-legal matters and has been working directly inthe medical profession on medico-legal and medico-ethical matters since 1997. Since 2002 and after his appointment as ManagingDirector of Resolution Health he has also become directly involved with health financing and the ever changing challenges facing the healthcareindustry.Ben has gained vast Health Insurance expertise over the past 8 years- notably as a member of the International Federation of Health Plans,attending world wide workshops amongst others in Montreal, Barcelona and Rome. Ben is also involved in broadform financial services acrossthe industry including Life and Non-Life Insurance.During the past 2 years Ben has been instrumental in setting up a fully fledged Health Insurance business in Maputo Mozambique (ResolutionMozambique LDA). Since June 2010 Ben established a Law Firm so as to leverage of the vast experience he gained in the Liability and Financialservices industries. In addition to this Ben also positioned the Law firm so as to focus on two supplementary areas of expertise:Property (Transfers, Developments and Commercial Legal Work) Alternative Dispute Resolution specifically focusing on MediationJacqui DriverJacqui Driver is a senior associate at ENS (Edward Nathan Sonnenbergs) and has over 5 years experience. She currently practices as an attorneyin the employment law department. She specialises in providing clients with immigration advice, i.e. assisting both corporate clients andindividuals who wish to live and work in South Africa to obtain permanent and temporary residence permits (including various categories ofwork permits, relative’s permits and accompanying spouse permits). She also provides clients with advice in relation to labour law, includingcontracts of employment, company policies and procedures, section 197 transfers and restraints of trade.She has acted for various corporate clients including banks, hotel groups, cellular network companies and computer software companies ininternal disciplinary hearings. She has also appeared in the CCMA and Labour Court in relation to dismissals for misconduct, poor performance,and operational requirements as well as in relation to unfair labour practice and unfair dismissal disputes. She has advised large mining andpharmaceutical clients in relation to the transfers of employees pursuant to a sale of business in terms of section 197 of the Labour RelationsAct. She is the author of several articles on employment and immigration related matters and has presented at seminars for clients andcolleagues.
Times07.30am—Delegate registration/networking morning tea08:45 am—Workshop starts10:15am — Mid-morning networking tea break13:00—Lunch, networking break15:00—Mid-afternoon networking tea break16:00—End of day one Objectives of the MasterclassThis masterclass is designed for proactive HR and Labour Practitioners wishing to learn and improve their legal skills inlabour and HR management in view of constantly changing local and international compliance and legislativerequirements. This senior level masterclass is meant to highlight latest legal and compliance issues impacting on theHR profession—it’s meant to address all areas of greatest concern and clarify sticky grey areas; outlining legalcompetences in mitigating risks associated with workforce management, recruitments and employee disputes. HRPractitioner will be able to enhance their ability to untangle and navigate the complex legal framework governingtheir profession. The masterclass will holistically address major challenges which invariable cost organisationsreputational and financial ruin due to ignorance and misinterpretation of labour laws. Benefits of attending • Keep up-to-date with existing changes in HR and Labour laws affecting the HR industry • Learn how recent legislation changes are impacting on recruitment and workforce management • Access how you can minimize risk claims for unfair dismissal, retrenchments and redeployment • Deal with and deter inappropriate behavior at work—from sexual harassment to blackmail • Learn how to protect your organization’s interest by keeping up to date with post employment restraints provisions • Understand how recent laws to discrimination impact your organization • Achieve equal employer-employee rights when dealing with adverse action claims • Grasp unrivaled strategies on how to implement employment equity in your organization • Master complexities involved in hiring expatriates and contracts thereof • How to manage the effects of social media and internet usage in your work place • Understand legal requirement on how to implement an HIV policy • How to deal with strike action; your organization and employee rights • Get a holistic approach to CCMA, legal and negation skills • Demystify recent amendments to collective bargaining and bargaining councils
The following Managers must attend Human Resource Directors/Manager Newly appointed HR Managers Personnel Managers Labour Officers/Managers Learning & Development Managers Organisational Development & Change Managers Workplace Relations & Compliance Managers Talent & Recruitment Managers Employee Benefits Managers Employment Consultants Employment Litigation Consultants Regulatory Affairs Workplace Relations, Health & Safety Officers Mediators & Arbitrators of Labour Law Unions / Employee Advocacy GroupsExplore: World class lessons and case studies on HR legal issuesSimplify: Very technical legal processes in improving your HR functionUnderstand: How to identify and quantity HR legal risks in your departmentDiscover: Latest applications and terminologies HR legal processesNavigate: The complex regulatory framework in labour impacting HR processesApply: Best practice HR legal process in you dutiesSummary of topics to be covered • The internet and the social media dilemma in the workplace • Discrimination in the workplace, how to counter this • Unfair dismissals, redundancies and legal implications • Sexual Harassment, policy and legalities • Employment contracts, avoiding common problems • Employment restraint provisions and legal requirements • How to handle retrenchment, transfer of businesses and insolvency • Mastering disputes management under CCMA criteria • Dealing with absenteeism in the workplace • International transfers, placements and Contractual challenges • HIV polices in the workplace, legal issues • Immigration law, the new paradigm in the HR function • Occupational Health and Safety, implementation and Legal challenges • Strike action, avoidance and managing legal challenges
Day One07:30 Tuesday 22nd November, 2011 Registration and networking morning teaSession: 1 Discrimination in the workplace, how to counter this08:45 am Ivan IsraelstamHR practitioners must trend a delicate line when it come to racial issue in employment. Anti-discriminatory lawsand equal employment opportunities are a sensitive issue in South Africa. HR Practitioners must navigate thisdelicate aspect of their professions and become an equal opportunity employer. • Overview of the National Employment Act • Recent updates to anti-discrimination laws, victimisation and equal employment opportunities • Understand how changes to discrimination laws can impact your business • Clarity around grey areas in employment classification, definitions and advertising • Factors that imply discriminatory practices in employment offering • Racial profiling in employment offering, avoiding common pitfalls • Looking at executive recruitments without responsibilities, corporate discrimination • Recent case studies in employment discrimination Interactive Question & Answer sessionSession: 2. International transfers, placements and Contractual challenges 09:30 am Ivan IsraelstamMany organisations have suffered not only corporate humiliation but have parted away with millions of Rands inlitigation claims and settlements due to unfair dismissals, redeployment and redundancies. The corporate blame inmost cases falls on HR practitioners. In terms of Section 23 of the Constitution, everyone has the right to fair labourpractices • On what grounds can an employee apply for an unfair dismissal remedy under the employment act? • When is there a valid reason to terminate employment? • Changes and updates to laws affecting redundancy payouts and obligations • Is there an obligation to redeploy? • Exploring remedies a Tribunal order if an application is successful? How are payments for compensation approached? • Dismissal procedures: gain best practice approaches to handling dismissals and avoid unfair dismissal claims Interactive Question & Answer session 10:15 -10:30 am -Networking /Tea Break and Refreshments 0:15 Refreshments
Session: Session: 3 Sexual Harassment, policy and legalities 10:30 am Ivan IsraelstamThe Serious Business of Sexual Harassment: Sexual harassment can present serious problems for a business owner.In addition to creating tension in the workplace and potential friction between employees, it can significantly costyou if an employee decides you havent done enough to prevent it. A look into Corporate South Africa’s views onissues relating to sexual harassment • Defining sexual harassment under the sexual harassment set forth by the Equal Employment Opportunity Commission (EEOC) • Looking at examples of what constitutes sexual harassment in South Africa’s corporate work place • Employer’s responsibility, implementing a sexual harassment policy framework in your work place • Guidelines for investigating sexual harassment, processes and procedures • legal implications of mismanaging a sexual harassment compliant Interactive Interactive Question & Answer session Session: Session: 4. Employment contracts, avoiding common problems 11:15 am Ivan IsraelstamWhat every South African employer should know about employment contracts. Get a clear understanding ofMinimum conditions of employment as set out in the Basic Conditions of Employment Act, No. 75 of 1997.Employers need to familiarise themselves with this basics of our labour legislation. Ignorance of the law is nodefence • Looking at the Basic employment Act and its requirements • Clarifying often misunderstood employments legal issues in the Act • Statutory requirements for employment contract • Examining types of employment contracts • Looking at the Labour Relations Act and CCMA (Commission for Conciliation, Mediation and Arbitration) and the Labour Court. How they evaluate employer fairness Interactive Question & Answer sessionSession:Session: 5 How to handle retrenchment, transfer of businesses and insolvency 12:00 am Ivan IsraelstamAnother headache for HR Practitioners! Retrenchments, Transfer of business and Insolvency. This is the reality ofmost business, and concerned HR Managers must know how to handle these processes to avoid legal fallouts. • Understanding legal requirement for retrenchments • Retrenchment: Disclosing of information in writing • Opportunity for Feedback, allowing employee to respond • Criteria for selection for retrenchment • Dealing with large retrenchments, provisions under law • Handling a dispute on retrenchment • Interactive Question & Answer session
13:00-14:00 Hrs –Networking Lunch break 13:00-Session:Session: 6 Mastering disputes management under CCMA criteria 14:00.Hrs Ivan Israelstam Finding yourself dealing with CCMA (Commission for Conciliation, Mediation and Arbitration) is no ‘walk in the park’ your credibility and that of your organisation can suffer serious damage. Understanding how the legal framework of the CCMA operates is important, so is careful planning and presentation of your case • Preparations, getting your facts and paper work in place, brushing your negotiation skills • Procedure for referral for Conciliation, steps that must be followed • Understanding the time limit on different complaints • Processing of the Referral at the CCMA • The Conciliation Hearing, parties normally present at these hearing • Outcome, managing the results of the hearing Interactive Question & Answer session 14:45- 14:45-15:00 Hrs –Afternoon Networking Tea Break and Refreshments AfternoonSession: 7 The internet and the social media dilemma in the workplaceSession: 15:00.Hrs Marieke De beer The dilemma of the modern corporation! Addressing the social media conundrum; HR practitioners are facing new challenges in managing employees use of the internet and social media networks: Balancing privacy and corporate responsibility, risks and implications • Current challenges caused by social media in today ’s corporate world • How to deal with inappropriate use of email and the Internet in the workplace • Contractual provisions and protections against the misuse of social media • Evaluating employees right to privacy and social media usage • Legal risks defined with employees social media use • Exploring regulation of electronic communications (internet) – looking at employers guidelines • Which risks and implications should your policy cover? .8Session .8 Dealing with absenteeism in the workplace 15:45.Hrs Marieke De beer Absenteeism is a huge challenge in South Africa which results in billions of Rand in lost revenue due to lost productivity. HR practitioners must first understand the forms and manifestation of absenteeism and later on the legal guidelines on how to deal with this corporate cancer. • Defining workplace absenteeism under the South Africa labour laws • Examining forms of absenteeism in the workplace • How to legally monitor and control absenteeism • Procedures on how to legally discipline absconders • Implementing strategies to mitigate absenteeism Interactive Question & Answer session
16:30 Hrs - End of day one Day Two08:00 Wednesday 23rd November, 2011 Registration and networking morning teaSession .9 International transfers, placements and Contractual challenges .908:45 am Ben De beerHR Practitioners have to deal with highly complex international placements and contractual challenges as a resultof critical skills shortages and expatriate demand • Looking at contracts of incoming and outgoing assignments • Looking at home and host countries employment laws • How to deal with expatriate arrangements - international transfers and secondments • International assignment policy and documenting the arrangement • Factors to be considered in every international assignment • International trends on anti-bribery and corruption • Areas of greatest risk and how to avoid common pitfalls Interactive Question & Answer session .10Session .10 Employment restraint provisions and legal requirement09:30 am Ben De beer The global market has increasing become more competitive, with experienced workers privy to vital corporate information leaving to join competing organisations or starting similar business; Unravel Employers Post Employment Restraint Provisions • How confidentiality clauses differ from trade restraints • Analysis recent developments in enforcing post-employment restraints • When and how to maximising the enforceability of the Restraint of Trade Act • How to Protect an employer’s interests in the absence of contractual restraints • Updates and recent cases on post employment restraints and the lessons learnt • Understand how to enforce a restraint agreement when a breach occurs Interactive Question & Answer session
10:15 -10:30 am -Networking /Tea Break and Refreshments 0:15 Refreshments .11Session .11 HIV polices in the workplace, legal issues10:30 am Ben De beer Analysing HIV related human rights provisions and implications on today’s HR decision makers, pros and cons in protecting rights of individuals with HIV from discriminatory career development policies ; Weighing legal implications for HR Practitioners on HIV in the work place • The function of an HIV/AIDS Workplace Policy • Key issues that companies should be thinking about in relation to HIV/AIDS policies • Looking at WORKPLACE HIV/AIDS PROGRAMMES • Evaluating best practices and guidelines • Developing an HIV policy framework • Looking at career limiting factors for HIV employees • Evaluating common challenges • HIV testing, confidentiality and disclosure • Compensation for occupationally acquired HIV Interactive Question & Answer session .1Session .12 Immigration law, the new paradigm in the HR function11:15 am Jacqui Driver-It is a fact that immigration law has become an essential function of any human resource department operatingglobally. The processes involved in managing the work and residence permit applications are highly technical, theyhave virtually spawned a specialised HR function. HR Managers whose companies are recruiting in the internationalarena are now having to deal with a whole new spectrum of functions not ordinarily previously regarded as part oftheir job descriptions. The task of dealing with and processing successful candidates coming into the country hasstarted falling squarely on their shoulders. In terms of Section 23 of the Constitution: • Examining the current statutory provisions of the Aliens Control Act • Advising on all aspects of relocation • Complying with the advertising requirements of Department of Home Affairs • Preparing work permit/residence applications from inception to finality • Dealing with the residence permits of expatriate spouses and children • Evaluation of qualifications of expatriates • Current risks for none compliance on employers Interactive Question & Answer session
Session: 13 Occupational Health and Safety, implementation and Legal challenges12:00 Hrs Lizle LouwHR Practitioner must pay close attention to employee health and safety matters at their workplace, legal challengesabound. Employers must know their legal responsibilities toward employees in a work environment. Unpackingthe Occupational Health and Safety Act (OHSA) of 1994. Challenges and solutions • Who does the OHSA cover? • What are the workers duties? • What are the employers duties? • How is the OHSA implemented and enforced? Guidelines • Monitor, control and auditing OHSA policy • Implications for none compliance by employers Interactive Question & Answer session 13:00- 13:00-14:00 Hrs – Networking Lunch Break 14Session: 14 Strike action, avoidance and managing legal challenges14:00 Hrs Lizle LouwSouth Africa has a high incident of worker strikes which puts pressure on HR and labour Practitioners to handle theramifications. HR managers must therefore understand legal implications of an impending strike and putcontingencies on how to deal with issues and challenges of an industrial action • A history and analysis of South African strike actions • Understanding and planning for industrial action before it happens • Defining how a strike works, who should go on strike and who shouldn’t? • Tips for HR practitioner in wage negotiations • How to deal with protected and unprotected strikes • Dealing with legal actions caused by industrial actions Interactive Question & Answer session 14: 45Hrs— Completing training evaluation forms 15:00Hrs—15:15Hrs Afternoon networking tea Break 15:15Hrs—Handing of Certificates of attendance, Master class CDs / End of Workshop
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