Effective Workplace Solutions: Employment Law from a Business Perspective
It is very easy to be tripped up on a technicality in the bewildering world of the workplace, where both staff and management have to negotiate employment relations in both the formal sense – contracts, lines of reporting, disciplinary procedures etc. – and the informal: team cultures, inter-personal relations, work ethic, collaboration, etc.
This book brings a cool and calm perspective to bear on the practicalities of labour law, employment relations, and dispute resolution. It is written by two highly experienced practitioners in the field of employment law, employment relations and dispute resolution, uniquely positioned to provides clear solutions to the problems that employees, union officials, line managers, HR/ER managers and employers are likely to encounter in their interaction with one another. It is indispensable to anyone who plays an active role in the management of the modern South African work environment, whether as manager, adviser, owner, or union official.
- Author: Barney Jordaan & Ulrich Stander
- Title: Effective Workplace Solutions: Employment Law from a Business Perspective
- ISBN: 978-1-928309-09-3
- Publication Date: 2016/08/18
- Publishing House: Siber Ink
- Target Market Employers, Small Business Owners,
Human resources managers and officers, Line Managers,
any professional requiring an oversight of Employment Law
About the authors
Dr Barney Jordaan is one of the foremost labour law experts in South Africa. He is a former professor of Labour Law at Stellenbosch University, and of Dispute Resolution at the Stellenbosch Business School. He is also a highly experienced mediator and attorney, previously having been managing partner at Maserumule Corporate Employment Law. He is now a Professor in Dispute Resolution at the Vlerick Business School in Belgium.
Ulrich Stander is an experienced labour lawyer, attorney, and author, and is currently the Managing Partner at Maserumule Corporate Employment Law.
“If there is a blur between labour law regulation and employment relations, this book clears it for all. It professionally and practically packages a toolbox for managing relations among workplace participants, those who advise them on regulations and those who may be invited to intervene as third parties. A must have handbook in our labour market!”
Kenny Mosime, Advocate, Johannesburg Bar
“Success in the field of employment relations depends on two things: first, a deep understanding that the solution to most challenges depends on soft skills, such as effective communication and trust building; secondly, a thorough knowledge of the framework created by the principles and practice of labour law (for when things may really go wrong). This highly recommended publication, written by recognised experts in the field of employment relations and labour law, provides a comprehensive, integrated and very practical guide to the skills and knowledge required for success in the field.”
Christoph Garbers, Law Faculty, Stellenbosch University
“Compliance and rule following has become very onerous resulting in HR/ER managers often following a ‘ticking the box’ approach, addressing the symptoms rather than the root cause of deteriorating employment relationships in the workplace. Effective employment relationships are built on mutual trust as the cornerstone. Earning and retaining that trust is a challenge, especially when the influence of external economic and political pressures is on the increase. Sound and fair HR practices and procedures contribute to the trust relationship. This book provides a practical and easy to read solution for even the seasoned HR/ER manager and emphasises the need to establish and maintain effective solutions in the workplace.”
Nico Grobbelaar, Group Executive: Human Resources, Novus Holdings
"Talent management, employee engagement and employee relations have traditionally been seen as distinct areas of specialisation within HR, with employee relations being dominated by a legalistic and compliance-based approach. As the challenges of the digital economy make themselves felt, the traditional compliance-based employee relations strategies are becoming less relevant and we are seeing the need to focus on building employee engagement through effective employee relations. Barney Jordaan and Ulrich Stander have put together a practical and comprehensive guide for HR professionals, employee relations specialists and business owners and managers to help them navigate this new way of engaging. They have based their work on many years of consulting and teaching, across many industries, both in South Africa and abroad, and this shows clearly in the practical and relevant approach that they offer to deal with the everyday challenges in the workplace."
Shelagh Goodwin, GM: Human Resources, Media24, Naspers Group
“The book has a sound academic foundation as well as a practical focus….It is a useful, accessible and an easy read that will provide its readers with a road map for establishing and maintaining effective workplace solutions in challenging economic times.”
Gawie Cillié, Department of Industrial Psychology, Stellenbosch University & University of Stellenbosch Business School
“Barney Jordaan and Ulrich Stander have written an exceptional book on effective workplace solutions…. At the heart of this book is that effective workplace solutions are processes that create and find value for stakeholders…. Managers can leverage the value of the guidelines, techniques and tools provided in this book for their benefit and that of both the employees and the employer in constructive ways. However complicated the workplace dynamics might be, these techniques can help empower managers to build effective relationships in the workplace.”
Jeanett Modise, Executive Head People & Transformation, Santam
Table of Contents
1. The Impact of Trust and Formalisation on Employment Relations
2. Sources of Rights and Obligations in the Employment Relationship
3. Establishing the Employment Relationship: Recruitment and Selection
4. Unfair Dismissal— Legal principles
5. Managing Discipline in the Workplace
6. Informal Disciplinary Procedures
7. Formal Disciplinary Proceedings—the Role of the Initiator
8. Formal Disciplinary Proceedings—the Role of the Chairperson
9. Basic Law of Evidence
10. Managing Incapacity (Underperformance)
11. Managing Incapacity (Ill Health)
12. Restructuring and Retrenchment
13. Temporary Employment