Job Description

QUALIFICATION REQUIREMENTS
Minimum - National Diploma in Labour Law & Computer Literacy
Preferred- Tertiary Qualification Completed or in final year of completion (LLB or B-Com Law) & Computer Literacy
EXPERIENCE REQUIREMENTS
Minimum - 2 years experience within the Labour Law environment or at a Bargaining Council in a similar role
Preferred - 5 years experience within the Labour Law environment or at a Bargaining Council in a similar role.
WORKING CONDITIONS:
Required to visit establishments to carry out inspections and investigations.
Key Performance Areas, Deliverables & MEASURES
1. Monitor Compliance of Establishments with the Collective Agreement Inspections
Deliverables:

• Plan for weekly inspections on establishment compliance and submit to the Manager: Compliance, Enforcement and Disputes for review
• Prepare inspection report from IT System, system providing details of the establishment
• Visit the establishment and request for wage and time records, monthly return forms and payslips to check all deductions are correct as per the Collective Agreement
• Conduct site visits at registered establishments and verify compliance with the collective agreement. Visit the factory and check activities of each employee at their workstations to confirm grade of employment and verify earnings against grade as well as adherence with the collective agreement terms. Register any unregistered employees and update the system of the Council accordingly.
• Identify if establishment is in arrears in respect of return forms or Contribution monies
• Discuss any compliance deviations with employer, clarify misunderstandings, and issue compliance orders for any contraventions to Collective Agreements
• Monitor adherence to compliance orders issued within an allocated timeframe, and refer to Dispute Department for failure to comply in accordance with the agreed timeframes.
• Compile assessments for employer and employee contributions (e.g. for unregistered employees or under payment of wages), present assessment to parties, and when failure to comply prepare a file and submit to Dispute Department
• Monitor arbitration process and present testimony as to what transpired and how an assessment was calculated
• Deliver awards to employer and participate in discussions with the employers on arbitration results
• Produce daily reports on inspections conducted and submit to Manager: Compliance, Enforcement and Disputes on a weekly basis
• Provide advice and information to employers and employees on interpretation and application of the Industrys Collective Agreements
• Conduct investigations on demarcation disputes to establish activities of the establishment and present arguments at CCMA as and when required

Key Performance Indicators:

• Accurate and timeous weekly plan
• Accurate and timeous reporting, including but not limited to:

• Correct issues have been referred and have been followed up in line with the customer centricity communications plan of the Council.
• Clear Communication of the application of the Collective Agreement with the establishment / employers. (Written correspondence / e-mails)
• Monitor and manage the outcome of inspections and clearly indicate the actions taken to correct non-compliance or to assist in the resolution of queries raised by the establishments.
• Issuing of compliance orders to non-compliant establishments
• Referral rate to disputes when establishments have failed to comply after 14 days

2. Investigation of Complaints
Deliverables:

• Conduct investigations based on queries or complaints from employees or employers
• Assist the Sheriff of the Court to verify if establishments are still in existence or closed or moved
• Address parties as per the industrys collective agreements.
• Prepare reports on various outcome for submission to the Manager: Compliance, Enforcement and Disputes and file accordingly

Key Performance Indicators:

• Investigation report
• Completed Investigations within turnaround time with clear explanation of the root cause of discrepancies, variances and the resolution thereof, dependent on nature of query / complaint and urgency require

3. Registration of Establishments and Employees
Deliverables:

• Identify unregistered establishments or alternatively receive tips-offs or complaints from employer and employees in the industry
• Visit the premises of establishments and conduct jurisdiction investigation to determine if establishments activities fall within the jurisdiction and scope of the Council
• Produce a report if there is no jurisdiction or alternatively discuss the implications of registration with the employer and issue a compliance order for failure to comply; follow up on adherence to the compliance order within the allocated time frame and submit through to Disputes Department for failure to register; and provide testimony at arbitration if need be

Key Performance Indicators:

• Report indicating outcome and measures taken

4. Administration
Deliverables:

• Maintain files of all documentation encompassing registration, correspondence, any exemptions, inspection reports, and complaints for establishment if allocated area
• Check system for establishments that have not submitted correct payments / returns
• Issue compliance orders and prepare files for referral at Disputes Department
• Serve the compliance order for the offending establishment and conduct follow-up inspections

• For non-compliance to compliance order, prepare an assessment for inclusion in the dispute file and submit through to the Dispute Department
• For compliance with an issued compliance order, cancel compliance order or withdraw the arbitration notice, notify establishment, and file accordingly
• Verify and update registration details of establishments
• Prepare and submit a monthly report on all investigations inspections, deliveries, administration to the Manager: Compliance, Enforcement and Disputes.
• Attend to queries on holiday bonus Fund and leave pay fund during pay-out period
• Deliver the leave pay, holiday bonus statements and provident fund statements directly to the establishments annually or as required.
• Participate in special projects to communicate to industry participants information and for the delivery of documentation

Key Performance Indicators:

• Complete, accurate and accessible files
• Accurate and updated registration details of establishments
• Timely issuance of compliance orders
• Timely delivery of arbitration awards
• Accurate and timely monthly reporting
• Timeously delivery of leave pay and holiday bonus statements

5. Ad Hoc Functions as Assigned
Deliverables

• Perform other tasks as assigned within the incumbents ability

6. Establishment Inspections
Deliverables:

• Plan for weekly inspections on establishment compliance and submit to Chief Agent for review
• Prepare inspection report from IT System, system providing details of the establishment
• Visit the establishment and request for wage and time records, monthly return forms and payslips to check all deductions are correct as per the Collective Agreement
• Visit the factory and check activities of each employee at their workstations to confirm grade of employment and verify earnings against grade
• Identify if establishment is in arrears in respect of return forms or Contribution monies
• Discuss any compliance deviations with employer, clarify misunderstandings, and issue compliance orders for any contraventions to Collective Agreements
• Monitor adherence to compliance orders issued within an allocated timeframe, and refer to Dispute Department for failure to comply
• Compile assessments for employer and employee contributions (e.g. for unregistered employees or under payment of wages), present assessment to parties, and when failure to comply prepare a case file and submit to the Chief Agent
• Monitor arbitration process and present testimony as to what transpired and how an assessment was calculated
• Deliver awards to employer and participate in discussions with the employers on arbitration results
• Produce daily reports on inspections conducted and submit to Chief Agent on a weekly basis
• Provide advice and information to employers and employees on interpretation and application of the Industrys Collective Agreements
• Conduct investigations on demarcation disputes to establish activities of the establishment and present arguments at CCMA as and when required

Key Performance Indicators:

• Accurate and timeous weekly plan
• Accurate and timeous reporting, including but not limited to:
• Correct issues have been referred and have been followed up
• Outcome of inspections
• Actions taken
• Issuing of compliance orders to non-compliant company
• Referral rate to disputes when establishments have failed to comply after 14 days

7. Investigation of Complaints
Deliverables:

• Conduct investigations based on queries or complaints from employees or employers
• Conduct jurisdiction investigations to determine if establishment activities fall within the scope of the Council
• Assist the Sheriff of the Court to verify if establishments are still in existence or closed or moved
• Address parties as per the industrys collective agreements
• Prepare reports on various outcome for submission to the Chief Agent and file accordingly

Key Performance Indicators

• Investigation report
• Investigations within turnaround time dependent on nature of query / complaint and urgency required

KNOWLEDGE, SKILLS & BEHAVIOURS
Knowledge: Basic knowledge of applicable Labour Law (particularly Labour Relations Act and Basic Conditions of Employment Act) is preferred
Skills:

• Communication
• Interpersonal
• Problem Solving
• Planning
• Time Management
• Reporting

Behaviours:

• Assertive
• Judgement
• Attention to detail
• Accuracy
• Deadline driven
• Self-responsibility