Welcome to Your Course

Welcome to Labour Relations Act Intermediate Level 2, your comprehensive guide to advanced topics in South African labour law. This self-study course builds on the foundational knowledge covered in Level 1 and delves into the complexities of unfair dismissal, retrenchment, transfer of business, non-standard employment, unfair labour practices, discrimination, and advanced procedural requirements.

Prerequisites

This course assumes that you have completed LRA Fundamentals Level 1 or have equivalent knowledge. You should be familiar with the basic structure of the LRA, the CCMA process, organisational rights, collective bargaining, and the fundamentals of unfair dismissal before commencing this course.

Study Tip This intermediate course is designed for approximately ten hours of self-paced learning. We recommend completing one module per session and allowing time for reflection between modules. The case studies and activities require deeper analysis than Level 1 – take time to work through them carefully.

Course Overview and Learning Outcomes

Course Description

LRA Intermediate Level 2 provides an in-depth examination of advanced topics in the Labour Relations Act 66 of 1995 as amended. The course covers substantive and procedural fairness in dismissal cases, incapacity dismissals for poor performance and ill health, retrenchment procedures under sections 189 and 189A, transfer of business as a going concern under section 197, fixed-term contracts and section 198B, temporary employment services and section 198, unfair labour practices, discrimination law, advanced disciplinary hearing procedures, Labour Court processes, secondary strikes and advanced industrial action, and complex collective bargaining scenarios.

Learning Outcomes

Upon successful completion of this course, you will be able to:

Analyse the substantive fairness of dismissals for misconduct, incapacity, and operational requirements

Design and implement procedurally fair disciplinary processes

Manage poor performance and ill-health incapacity processes lawfully

Conduct lawful retrenchment consultations in compliance with sections 189 and 189A

Apply section 197 to business transfers and understand employee rights

Navigate the legal framework for fixed-term contracts and temporary employment services

Identify and address unfair labour practices in the workplace

Apply discrimination law and affirmative action requirements

Conduct and chair fair disciplinary hearings

Understand Labour Court procedures and the review process

Analyse complex industrial action scenarios and secondary strike requirements

Manage complex collective bargaining situations