Industrial Relations


The Human Cap 4 U approach to Pro-Active Discipline Management

We believe in a pro-active approach to an environment that is traditionally seen as extremely re-active. Employers tend to address poor discipline after the fact and do not apply pro-active strategies.


How do we assist?

  • Upskilling of managers/supervisors burdened with the responsibility to “take care” of discipline in the workplace is essential and will have positive pro-active consequences in the workplace over time.
  • Assisting HR and senior management in strategic decision-making processes related to discipline/poor performance/incapacity/Union related matters in the workplace.
  • Facilitation of informal workshop with senior management to determine gaps in dealing with discipline in the workplace and the challenges that management faces daily, followed by-
  • Facilitation/drafting of process flow to ensure that management address discipline in a procedurally and substantively fair manner.



We are interested in strategic partnerships and not be just a service provider. We form a “partnership” and add the value your business deserves, which will result in a contribution to your bottom line.


IR Solution Offering includes:

  • Revision of the Policies and Procedures applicable to the IR space.
  • Maintenance and management of IR services:
    1.  Advise on the investigation of disciplinary matters.
    2.  Oversee investigations when required.
    3.  Application of Polygraph outcome to the disciplinary process.
    4.  Assisting in drafting charge sheets.
    5.  Chairing Disciplinary Hearings.
    6.  Initiating matters when a preferred company representative or any other is to chair the hearing.
    7.  Dealing with referrals to the CCMA: this will include referrals for wage negotiations/Unfair Labour Practices and other.
    8.  Advising on the recovery when employees has caused damages or are deemed to be responsible for losses in the business (Section 34 of the BCEA.)
    9.  Strategic assistance to Human Resource Department and Senior Management.
    10.  Management monthly update on the latest case law applicable in the Disciplinary space.
  • Membership of the Employers Organization (SAUEO)
  • Legal Insurance CCMA matters-up to R 250 000-00 p/a cover-proviso as per the contract with the insurer remains in place-Applicable process flow and requirement-

 

  • We are SAUEO officials (who is also the representative on site) and is involved in the disciplinary matters that might end up being referred to the CCMA. This ensures continuity in dealing with matters on ground level as well as at the CCMA.
  • Process: The suggested sanction needs to be approved by the insurer before the dismissal as sanction is imposed.
  • CCMA Matters: the SAUEO official needs to be involved and deal with the matter-this by default is part of the agreement.
  • Settlements at the CCMA: this needs to be discussed with the Insurer legal representative - No time delay - within the hour, a call is made.



The advantage of representing the business as SAUEO official is the legal representation at “Employer Organization official cost”. This is advantages as there will be senior legal representation in all matters.

We also specialize in high level exit strategies at Director level.

 
IR & High-end exit Strategies: