Platinum Members
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Advocacy / Consultation Services
The Directorate provides both user pay services and core services to members. The user pay services provided by the department include; · Training on a variety of labour related courses; · Drafting employment contracts · Review of company policies, particularly HR Manuals or Collective Agreements; · Chairing disciplinary hearings; · Representing members in conciliations and arbitration at CMAC; · Representing members at the Industrial Court; The core services related to the department include; · Provision of services related to labour legislation ( through the Labour Advisory Board); · Best practice in line employment, in line with International Labour Standards; · Representation of members in various labour related statutory boards e.g CMAC)
Users of the IR Services The major users of the labour law services are the employers who do not have their own internal legal advisers, industrial relations officers or human resources officers. The other “bigger” employers occasionally utilize the services in the event for example, where it is sought to discipline a Senior Manager and for reasons of avoiding acrimony among them, they seek to have an independent chairperson to preside over the disciplinary hearing. The major employers often join employer’s organizations with the aim advocacy and lobbying for policy changes.This does not mean that the organization does not provide services to non-members. Hence non-members are able to utilize the services offered. This ultimately results in non-members joining the organization as members. This is because the user pay services are provided at a nominal fee for members and non-members pay a premium. The organization has not made any research to inform itself of who the most users of the labour law services are. However indications are that a majority of the users are the large to SME Category. These users are mainly interested in general labour advice, representation at the Industrial Court or CMAC, Chairing of disciplinary hearings, method of calculating terminal benefits, drafting of contracts and review of HR Manuals or Grievance and Disciplinary Codes.
General working methods The The training that is provided is mainly generic and may also be tailor-made on request of the companies. It was however realized in the organization’s strategic planning session that in order to provide quality and relevant services to members, the organization needed to conduct a needs assessment for members and then structure the services to respond to the determined needs. The generic training often attracts a sizeable number of participants, in other cases, even having forty (40) participants in training courses. The department also offers the following labour law related services, namely; Representation of members at the Industrial Court and representation at CMAC; Chairing and Initiating Disciplinary Hearings; Drafting of contracts of employment and HR Manuals; Review of HR Policies; Assistance in the calculation of terminal benefits and general labour advice. The training offered does not have a mechanism by which participants can be provided with “after care” service, i.e. to make sure that what was taught was of relevance and of value to them. As a small office, the involvement of other departments is minimal but cooperative. This is because of the staffing levels of the organization and the fact that all the departments are specialized. The involvement of other departments is mainly on logistics, viz. preparation of invoices (Accounts and Administration), confirmation of participants (reception and secretary), sending of proposal to train communication to members (research department). For all intents and purposes, the cooperation among the departments cannot be faulted. The communication policy of the organization is that all communication with members must emanate from one source – the Research Office. The IR department may communicate with members of its Committee directly without involving the Research office. The emails sent to members reflect the department from which they emanate. The Industrial Relations and Social Policy Committee brings to the fore their expertise when policy issues are to be tabled before the board of directors and assist the Director execute resolutions taken at board level and identified at committee level. They are also involved in statutory boards where the secretariat is required to be represented. They may also be required or called upon from time to time to attend local, regional and international meetings, seminars and training workshops on behalf of employers. The employer’s organization has an internal Research Analyst. At present the research analyst focuses more on trade and commerce research. He has had occasion however to conduct a number of salary surveys, which would traditionally be an area that would fall under the Industrial Relations department. The department has not had occasion to request the expertise of scientists in the provision of labour law services. Representation Services The members of this organization benefit from representation offered to them, for a fee, by the Industrial Relations department. The department is headed by an Attorney who has experience in civil and labour litigation. This representation also extends to Swaziland’s Alternative Dispute Resolution Institution, CMAC (Conciliation Mediation and Arbitration Commission). Hence, the members are represented at conciliation and arbitration. This is part of the draw card of the organization in that some employers prefer to be represented by the organisation. The cost of litigation is not cheap. Hence, the attraction for members is that if there is an alternative source from which they may benefit, for a nominal fee, then the employers’ organization becomes useful. Representation in these institutions is with respect to unfair dismissal cases. There are many statutory boards which are tripartite in composition from which members are represented. These are the Labour Advisory Board; the Industrial and Vocational Training Board; the Training and Localisation Board; CMAC Governing Board; Swaziland National Provident Fund Board. These boards have been mentioned elsewhere in this case study. The benefit for members of this representation in statutory board is that employers are able to promote, protect and advance their interests and hence influence policy in their favour. Members are however not represented in the Law Society of Swaziland. There is only one Law Society in Swaziland. Again, from the strategic plan document, the organization identified certain strategic partners with whom the organization needs to collaborate with for the benefit of their members. The Law Society is one such strategic partner.
Labour Law training The department has over the years conducted many training courses. This dates back to the years of the then Federation of Swaziland Employers to the now merged organization. As indicated elsewhere in this case study, training courses are generic and some are tailor made to suit the needs of any particular organization. Hence, the participants to the generic training vary across the broad spectrum of the employment chain. It is possible to find legal advisers, HR Managers, Supervisors, Engineers, and Chief Executive Officers etc. Thus the training is not exclusively for HR practitioners. The training is usually done by the Director, Industrial Relations. In other instances, expert facilitators who are usually lawyers in private practice are engaged. The number of participants vary from course to course. During the year 2009 alone the department has conducted the following training courses; · Conciliation Proceedings for Employers – A practical guide (30 participants); · Arbitration Training for Employers – A practical guide ( 41 participants); · Grievance and Discipline Handling Workshop for Employers; ( 42 participants) · Occupational Health and Safety Management Workshop; (15 participants) In the past the department has offered the following training courses; · Procedural Aspects in Dispute Resolution Institutions Workshop; ( 32 participants) · An Overview of National Labour Laws Workshop. ( 100 participants over one year) The topics covered are many such as Conciliating/Arbitrating Disputes; Conducting Proceedings at the Industrial Court; Termination of Employment; Types of Dismissals; Discipline Handling and Grievance Procedures; Rescission Applications; Overview of Labour Laws; Common Law etc |