PROGRAM
DAY 1:
08:00 to 08:30 – Registration and breakfast.
08:30 to 08:45 – The Harmony People Network Experience.
08:45 to 09:00 – Farming and not Hunting! -How to Network effectively – Tobie Nel
09:00 to 09:20 – Dare to be Brave! – The evolution of the modern day employment landscape. – Tobie Nel
09:30 to 10:00 – Great resignation and quiet quitting – Anja van Beek (Gauteng / Cape Town only).
10:00 to 10:30 – Under what circumstances are job applicants considered employees? – Clarence Randall.
10:30 to 11:00 – HPN Family time
11:00 to 11:30 – Physical wellness at work – Vanessa Botha
11:30 to 12:00 – Made to Move- mental wellness at work – Carla Wasserfall
12:00 to 13:00 – Lunch / more HPN Family Time
13:15 to 16:30 – IR Workshop: PT CCMA Commissioner Clarence Randall & Tobie Nel

Day 2:
08:00 to 08:30 – Registration and breakfast.
09:00 to 13:00 – Arbitration

LMaza vs Pick n Pay Retailers
PT CCMA Commissioner: Clarence Randall
Union Representative: Tshepo Kanama (BWUSA) – “The Comrade”
Employer Representative: Tobie Nel (SAFBA) – “The Initiator”

Issues in dispute:
1.In limine: Dispute existence of employment relationship (Independent Contractor vs Employee).
2.The existence of a dismissal. IDC contract cancelled.
3.Defective Referral of the 7.11 form (form signed by the union and not employee).
4.The right to union representation – employee not member of union at time of dismissal.
5.Procedural and substantive fairness of dismissal.

Strategic Focus of the Arbitration

The arbitration focusses on demonstrating the key elements of a misconduct arbitration in terms of dealing with common objections of the jurisdiction of the CCMA to arbitrate misconduct dismissals as well as the key elements that may render a dismissal for misconduct procedurally and substantively unfair.

This staged arbitration is an industry first and promises all the ‘bells and whistles’ one typically finds during arbitration proceedings. This event promises to deliver and will furthermore be a great educational for any HR professional, manager, supervisor or legal practitioner who may be involved in arbitrations, either at the CCMA or a Bargaining Council.

Both Tobie Nel and Tshepo Kanama having many years of experience in employment relations, from managing large staff compliments in corporate to being IR Specialists at Effectus Harmony, a Labour Relations and HR Firm frequently attending to arbitrations at the CCMA and Bargaining Councils. They are also the presenters in its weekly vidcast “it’s Chaile Time’ . Who’s in the house!

PT CCMA Commissioner Clarence Randall as the ‘Commissioner’ will substantiate his findings, using prominent case law in both the in limine proceedings and outcome of the main dispute. In addition, he will render an arbitration award, to be circulated to all attendees.

Each participant who attends both days will receive:

Certificate of Attendance signed by PT Commissioner Clarence Randall and Tobie Nel for participating in IR Workshop and Arbitration.

Arbitration Award with reference to case law dealing with the points in limine and the case in the main.