Labour Relations Training

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(Created page with "Labour relations training is not like other training in South Africa and employers need to be very careful who they choose to do this training. Seta system Since the i...")
 
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Labour relations training is not like other training in South Africa and employers need to be very careful who they choose to do this training.
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"Employee commitment is currently an important factor in the effective operation of most organizations. Under more traditional arrangements, especially with 'good' employers, employee commitment developed as part of a set of mutual obligations that included long-term employment security and career development offered by the employer. As job security and other perceived employer obligations dissolved, so did employee commitment. How organizations will function in the absence of employee commitment, where workers have a more individualistic orientation, is an open question."
  
 
  
Seta system
 
 
 
 
Since the introduction of the Seta system the number of training providers, many of them offering various labour or industrial relations courses, has grown exponentially. The Setas are supposed to quality manage training providers to ensure that good standards of training are maintained. However, the system of quality management is based on unit standards. Each unit standard has specific outcomes and assessment criteria, all of which must be met by the training provider.
 
 
 
 
The problem is that the most basic step - identifying training needs was not properly undertaken in the first place. This is especially so when it comes to [http://www.bruniquel.co.za/training/labour labour relations training]. Qualifications were developed at the cost of the Services Seta for officials of bargaining councils, the CCMA and the Department of Labour. However, the training needs of these officials are very different to those of line managers and supervisors - the actual people who practise labour relations at work!
 
 
 
 
The other problem is that some of the unit standards were written by people who clearly did not understand labour law. For example Unit Standard No. 119952 Establish basic principles of evidence in MEDIATION was published prior to 2009 and it is still valid until 30 June 2015. The problem is that one does not establish principles of evidence in mediation - evidence is led in a disciplinary or grievance enquiry, an arbitration or a court of law - never in mediation!
 
 
 
 
Another example which directly concerns supervisors and managers is Unit Standard 119286 Institute disciplinary action. This unit standard includes an outcome - implement procedure to handle non-dismissible offences in which a requirement is that the employee (offender) is given notice of a hearing. This is very wrong because the LRA does not require that degree of formality. Formal notice of a hearing is only applicable where dismissal is being considered.
 
 
 
 
The net result is that many, if not, most of the unit standards for labour relations are not appropriate for the people who practise it. This leaves training providers with a situation where they have to make do with whatever standards are available. Some training providers write their training programmes strictly according to unit standards. They meet the criteria asked for and are accredited, but they don't necessarily cover the subject matter that should be covered.
 
 
 
 
They also deal with complex subject matter very superficially - meeting Seta requirements but actually only creating conscious incompetence amongst their learners. This can result in training having the exact opposite effect to what was intended. For example training in discipline can result in supervisors failing to discipline because they now fear the consequences of having disciplinary action overturned.
 
 
 
 
There are training providers who claim to be able to train chairpersons to conduct a disciplinary enquiry in one day. They go through the subject matter and they may deal with case law, but they do not provide learners with a step by step approach, the facilitating skills or the legal background information they require. It is important therefore that employers are selective in who they engage to do their training.
 
 
 
 
CCMA dispute statistics
 
 
 
 
For many years now CCMA statistics reflect that over 80% of disputes referred to the CCMA concern unfair dismissals and unfair labour practices - a clear indication that many training programmes in this area are not effective.
 
 
 
  
Systems
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Peter Capelli et al Change at Work (1997) at 215.
  
 
   
 
   
  
To be effective, labour relations training needs to be systems based (i.e. all forms and procedures must be aligned) and it must be pitched at the right level for people to understand. The system has to be greater than the individual, so that if a manager does not follow due process, there must be a way to prevent disputes arising because of his or her error.
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Mr Capelli makes a point. My father retired in 1968 after having worked for one employer for 42 years - a very loyal and committed employee. Today his job no longer exists - it has been computerized! Had he stayed on longer, he might well have become a victim of restructuring.
  
 
   
 
   
  
Methodology
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While trade unions still place a lot of emphasis on job security, it does not carry the same weight it used to in the old days. Companies in responding to rapid global and technological change no longer guarantee job security. Most companies have been through some form of restructuring process, resulting in the retrenchment and/or early retirement of employees.
  
 
   
 
   
  
Let's face it, labour law is complex and, to many people, it is very boring. Training in this area must be enjoyable, relevant and practical so that learners know exactly what they have to do when faced with a particular situation. It is important therefore that training methodology used is varied and that facilitators are subject matter experts.
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This however is rapidly becoming a two edged sword for employers. Employee attitudes have changed. People change jobs with little thought of the consequences for the employer, sometimes leaving without even serving notice. Changing jobs every few years has become the norm for young graduates. It enables one to gain experience and to improve one's economic position by trading one employer off against another. Add to this the pressures of BEE which has created artificial scarcities and we can see that employers have created a problem for themselves.
  
 
   
 
   
  
Some tips for selecting a [http://www.bruniquel.co.za/training/labour labour relations training] provider are as follows:
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How then does one go about attracting and retaining talent and most importantly maintaining a positive employee relations climate? The answer is to get back to basics!
  
 
   
 
   
  
1. Be sure that you have a training need. Often training is not the right option, especially if there are performance barriers that will prevent the implementation of the training. The training provider should be able to help you establish what the needs are and assist you to address other issues which might be giving rise to problems.
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    Make sure everyone is on the same page. Ensure the organisation's vision, mission and strategy is understood and forms the driving force of all business activities.
2. Establish whether the training provider and the facilitator(s) are subject matter experts with practical experience. This can be gleaned from the questions they ask at the outset and whether they ask to look at appropriate documentation (e.g. your disciplinary procedure and related documents).
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    Develop and live good values! Effective leaders seek to get consensus on values that will create a positive organisational culture conducive to attracting and retaining talent. Integrity and respect are two values that must start at the top!
3. Ensure that the provider is flexible in approach and will customise or adapt the training materials to your needs and situation.
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    Develop and implement sound human resource policies and procedures. Good, regularly updated policies and procedures modelled on best practice lead to consistency. Inconsistency on the other hand, leads to unfairness and IR problems as well as being one of the major demotivators in organisations.  
4. Examine the content. Good training providers use a systems based approach. This is especially important where procedures are being taught (e.g. how to apply discipline in the workplace). The provider's training material should fit in with your systems.
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    Develop a culture of self-discipline and accountability. Encourage employees to develop a sense of pride and responsibility by allowing them to make decisions. Self-directed/mission directed/empowered work teams - whatever you call them, are the way of the future. Supervisors need to be trained to think differently.
5. Establish what training methodology and training aids are used. If practical skills are a required, make sure that there are role plays and practical exercises that will develop those skills. If videos are to be used, make sure they are appropriate.
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    Make sure people know what is expected of them. Jobs need to be clearly defined and aligned to the organisation's business focus. The organisation structure should be ‘lean' and as flat as possible allowing for effective decision making and good communication.
6. Establish what after sales service will be provided. For example will a feedback report on the training be provided? Are learners permitted to phone the facilitator after the training to ask for advice?
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    Make sure people are fairly paid. There are a number of major job evaluation systems available, most of which correlate with each other so that pay between organisations can be compared. Jobs need to be described and evaluated and pay structured accordingly so that there is internal equity. Internal pay scales also need to be aligned to market rates to ensure that there is also external equity. If you have a top performer, make sure he or she is also paid accordingly!
7. Lastly, compare ‘apples with apples'. Do not compare an ‘overview' with skills training. Some providers claim to be able to cover more in their training than is possible. Make sure that the training covers all the basics and allows sufficient time for the development of skills.
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    Implement a performance management system. Focus on outputs not activities. Reward employees who ‘walk the extra mile' and do not put up with under-performers. A well thought out performance management system will not only encourage openness and communication; it should also identify talent and training needs.
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    Reward good performance. Team bonuses and deferred performance bonuses are a good way rewarding and retaining talent.
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    Apply a zero tolerance approach to discipline. Deal with small things while they are small. This will only happen if managers and supervisors are trained to identify troubled employees and take active steps to ensure they conform to rules and standards. Where serious misconduct occurs, this needs to be handled professionally. Do not lose disciplinary cases!
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    Pay special attention to training and development. We have a huge skills shortage in South Africa and the only long term solution is to train and develop our own people -  starting with our managers and supervisors.
  
 
   
 
   
  
For more information on B&A's range of systems-based IR training programmes' augmented by authentic South African videos and supported by professional consulting services, contact your local B&A office at Durban (031-3094627), Johannesburg 0861-474722, Cape Town 021-5270044, Port Elizabeth 041-3682019, Kokstad 039-7271773, Margate 039-3122698, Richards Bay 035-7531255 or click here
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For more information on B&A's [http://www.bruniquel.co.za/training/labour Labour Relations training] and consulting services contact your local B&A office at Durban (031-3094627), Johannesburg 0861-474722, Cape Town 021-5270044, Port Elizabeth 041-3682019, Kokstad 039-7271773, Margate 039-3122698, Richards Bay 035-7531255 or click here

Revision as of 05:32, 25 August 2014

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