Dear Reader

Use these new EE regulations and forms before you prepare your next report

The Employment Equity Regulations issued in 2006 have been repealed and replaced by a new set of regulations (including the various EEA forms which you need to use to submit reports). These are now in effect, from 14 July.

You can find the new regulations and forms in the Government Gazette of 14 July 2009.

Make sure you have these new regulations and forms before you prepare and submit your next report.

Remember: Your reports are due on 1 October!

Don’t miss this special offer for FSP subscribers

On 19 & 20 August 2009, Dave Ulrich and Lynda Gratton will present their latest research ideas and insights on the genetic make-up of the company of the future – as well as a step-by-step strategy to making talent happen in the organisation.

Dave Ulrich and Lynda Gratton were named the top two 2009 HR thinkers globally in a report released by HR Magazine in the UK. This is the fourth year in a row that Ulrich, professor of business at the University of Michigan’s Ross School of Business, has been given the number one slot. Gratton, professor of management practice at London Business School, has moved up one place to second from last year.

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CCMA guidelines for misconduct arbitrations in the pipeline

The CCMA is in the process of finalising guidelines for misconduct arbitrations. The guidelines were put together by a drafting team formed about 18 months ago comprising of senior labour law practitioners and senior commissioners.

The object of the guidelines is to ensure that arbitrators issue consistent awards on dismissals involving misconduct.

The issues that the guidelines seek to address include:

- how an arbitrator should conduct the proceedings;
- how the arbitrator must value evidence for the purpose of making an award;
- assessing the procedural fairness of a dismissal;
- assessing the substantive fairness of a dismissal; and
- determining the remedy for an unfair dismissal.

The CCMA expects to finalise the guidelines by the end of August 2009, after which they’ll be published in the Government Gazette and implemented by April 2010.

The CCMA will then spend a few months training commissioners and once the training is complete, will create public awareness of the guidelines.

CCMA arbitrators will have to take the guidelines into account and will have to provide an explanation if they deviate. You’ll be able to use the guidelines as a useful tool to guide you on what you need to present to commissioners at arbitration.

We’ll keep you updated and let you know as soon as the guidelines have been finalised.

Until next month...

Susan Stelzner
Editor-in-chief
Labour Law for Managers Practical Handbook