Labour Day

from Public Sector Leaders | May 2022

by Topco Media

Building vibrant Gauteng township economies through bold legislation

LEGAL MATTERS LEGAL MATTERS BY SILKE RATHBONE BY SILKE RATHBONE

CCMA

Not a swear word

CCMA – these four little letters have caused hives to break out on many business owners. But, when understood, they can become your best friend. Let’s take a step back.

WHAT IS THE CCMA? The Commission for Conciliation, Mediation and Arbitration. A mouthful, yes, but this apolitical dispute resolution body has a very specific purpose, and it isn’t all about the employee. Employers also have a say.

The primary purpose of the CCMA is to resolve labour disputes in the workplace in an amicable manner. Both employer and employee alike can submit a dispute covering a variety of reasons, such as discrimination, dismissal, unfair labour practice, wages, workplace changes and working conditions. If you are ever uncertain about the do’s and don’ts refer to the Rules for the Conduct of Proceedings before the CCMA. Let’s break the above down further.

CONCILIATION When a dispute arises, the CCMA will set down a date for the parties to meet to see if the matter can be settled. The Commissioner can only make recommendations, but cannot make a ruling during the Conciliation process. If the matter is not settled, then the employee has the option to refer the matter to Arbitration or the Labour Court (depending on the type of matter). ARBITRATION Arbitration is similar to a Court process (just much more informal). During this process both parties are given a chance to submit evidence and call witnesses. The Commissioner then normally has 14 days to issue a ruling after the Arbitration has been concluded.

REPRESENTATION AT THE CCMA At the outset, representation depends on the type of matter. If the dispute being arbitrated is referred in terms of section 69(5), 73 or 73A of the BCEA or is about the fairness of the dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity, a party is not entitled to be represented by a legal representative or candidate attorney except if both parties consent or if the Commissioner concludes that it is unreasonable for a party to deal with a dispute without legal representation after considering –• The nature of the questions of law; • The complexity of the dispute; • The public interest; • The comparative ability of the opposing parties or their representatives. It is also important to remember that if an employee is a member of a registered trade union or if an employer is a party of a registered trade union, that they will automatically be able to represent both the employee or the employer during Conciliation and Arbitration. HOW MANY DAYS DOES AN EMPLOYEE HAVE TO REFER A MATTER TO THE CCMA? • An employee has 30 days from the date of dismissal to refer an alleged unfair dismissal case to the CCMA; • An employee has 60 days to refer an alleged unfair disclination case to the CCMA. • An employee has 90 days to refer an unfair labour practice case after the unfair labour practice took place or after the employee became aware of the practice.

LabourExcel specialises in offering a variety of Labour Law and HR Solutions. Silke Rathbone, one of the Principal Partners, has crafted and honed her skillset and assists corporates and individuals along the Labour journey to ensure they understand what is required of them at all levels. n

LABOUR DAY BY JESSIE TAYLOR

Hybrid working: 5 tips for how HR practitioners can build inclusive workplaces

As we emerge from the disruption of the global pandemic, many workplaces are moving towards hybrid working models, with employees working both from home and from the office during their workweek.

While this shift brings increased opportunities to explore alternative communication modes and a more flexible work environment, it can also leave employees feeling isolated or at a disadvantage for careerbuilding opportunities. Managing these challenges requires a fresh strategy from HR professionals. Before the pandemic, less than a third of all employees worked remotely. Business leaders expected this to rise to half, but employees hoping to work remotely, at least part-time, sit closer to 80%. This is evidence of a growing demand for flexible working arrangements. Hybrid working environments allow employees to find their own rhythm when working and often allow for the streamlining of operations.

It also allows for improved communication between all levels of a company, as virtual calls have made communication between business leaders and employees much easier.

Some of the challenges that remote and hybrid working brings to workplaces include introducing new hires to the organisation, as they could potentially miss out on relationship building the same level of training. HR professionals surveyed also said they were worried about employees developing

and maintaining personal relationships, as well as lower personal interactions. But while 30% of employees prefer a hybrid work environment, more than 40% believe in-person work is better for career advancement. And data suggests hybrid work environments can be more demanding than working in person, as employees shift between their home office and corporate spaces and between in-person meetings and video calls.

But building a successful hybrid working environment requires the involvement of HR, especially as companies rework their strategies to accommodate in-office and remote workers.

Now the challenge HR professionals face is creating an engaged workforce that is effectively and efficiently able to work in this new model while prioritising employee wellbeing.

HERE ARE SOME OF THE WAYS HR PROFESSIONALS CAN FACILITATE THE MOVE TO HYBRID WORKING:

• Employee wellbeing Remote work makes it easier for employees to work longer hours or deal with work items after hours because they aren't physically leaving an office. This can lead to burnout. To combat this, HR departments can establish clear rules about when remote workers should log off to ensure they have a balanced work and home life.

• Inclusivity Hybrid working can create a disparity between those working in the office and those working remotely. To prevent this, HR can compile strategies and policies to promote inclusivity, such as ensuring that managers evaluate remote and in-person employees' work the same way. TO ensure that remote workers don't feel like they miss out on career and relationship building moments, HR should also encourage managers to use regular check-ins with their teams and avoid "proximity bias." Adopting equitable meeting practices, including having the whole team log into a virtual call regardless of location, can also foster inclusion.

• Tech first Implementing technological advances has enabled our workforce to weather the pandemic, and it can also make hybrid working easier. Online employee interactions can boost morale and prevent employee isolation. As part of this, companies can bring people together through brainstorming sessions, town halls, and informal gatherings. Technology gives business leaders insights into how work takes place and the networks involved, and it can also be used to equip employees to manage their time.

• Drive engagement Although virtual social gatherings have benefits, they are likely not enough to create the levels of connection needed by employees. This can be created through buddy systems and mentorship programmes, along with celebrating team accomplishments and milestones together. Managers can also have dedicated training and tools to drive engagement, supported by HR.

• Set clear guidelines Hybrid work shifts our mentality on how work gets done and impacts an organisation's HR practices, technology investments and approach to how the workspace is used when employees return to the office—so companies need to create a framework that defines how to lead and how employees can be successful. Research has shown that 88% of employees at organisations with clear hybrid working guidelines feel connected to their job and their team. However, among those with such guidelines, only 64% felt a sense of connection.

It's essential for HR professionals to map out when teams will be working in the office, how remote working will be managed, and the hours for remote workers. These guidelines should be tailored to suit the team's needs.

Sources: www.techtarget.com www.hrexecutive.com www.hrdconnect.com

UPCOMING EVENTS BY KOKETSO MAMABOLO

15

International Day of Families

Each year the world recognises the importance of the family unit. The UN’s initiatives relating to families began in the 1980s, with the General Assembly adopting a resolution in 1993 marking the 15th of May as International Day of Families. In 2015, the UN decided on the Sustainable Development Goals, some of which apply to families. “This year’s theme ‘Families and Urbanisation’ aims to raise awareness on the importance of sustainable, family-friendly urban policies,” says the UN. The world body recognises how urbanisation is “shaping our world and the life and wellbeing of families worldwide.”

17

World Telecommunication and Information Society Day

The intention behind observing World Telecommunication and Information Society Day is to recognise how the information and communication technologies can help develop “societies and economies”. The theme for 2022 is ‘Digital technologies for older persons and healthy ageing’. “The ageing of the global population will be the defining demographic trend of the 21st Century - yet our societies struggle to see the opportunities that this trend can unfold,” says the UN. “This year’s theme raises awareness of the important rule of telecommunications/ ICTs in supporting people to stay healthy, connected and independent - physically, emotionally and financially.”

18

International Museum Day

‘The Power of Museums’ is the theme for this year’s International Museum Day. Beginning in 1977, each year the International Council of Museums highlights the importance of museums. “Museums have the power to transform the world around us. As incomparable places of discovery, they teach us about our past and open our minds to new ideas - two essential steps in building a future,” says the council. This comes after 2021 saw the council reaching 89 million people through various online mediums. This year the council is focusing on sustainability, digitalisation, accessibility and “community building through education”.

May is all about sustainable development

21

World Day for Cultural Diversity for Dialogue and Development

The story of the World Day for Cultural Diversity for Dialogue and Development begins in 2001, when UNESCO adopted the Universal Declaration on Cultural Diversity. In 2002 a resolution on Culture and Sustainable Development was unanimously adopted by the Second Committee of the UN General Assembly. “Three-quarters of the world’s major conflicts have a cultural dimension. Bridging the gap between cultures is urgent and necessary for peace, stability and development,” says the UN. “Cultural diversity is a driving force of development, not only with respect to economic growth, but also as a means of leading a more fulfilling intellectual, emotional, moral and spiritual life.”

22

International Day for Biological Diversity

The year 2021 marked the beginning of the UN’s Decade of Restoration. The 2022 theme is ‘building a shared future for all life’. The UN Decade of Restoration “highlights that biodiversity is the answer to several sustainable development challenges”. While the UN notes the “growing recognition that biological diversity is a global asset of tremendous value to future generations”, they have emphasised the continued importance of educating and raising awareness about biodiversity as we work towards the Sustainable Development Goals.

25

Africa Day

In 1963 the Organisation of African Unity, forerunner to the African Union, was established. Each year the continent commemorates this important step in uniting African states. The day is an opportunity for Africa to reflect on how far it has come in dealing with various challenges facing the union’s member states. The AU declared 2022 the ‘Year of Nutrition’ for “strengthening resilience in nutrition & food security on the African continent”, in line with Agenda 2063. The union seeks to tackle malnutrition and improve food security and the health of the growing African population.