The recently published code that aims to eliminate all forms of workplace harassment will come under the spotlight in the first webinar to be hosted by Moonstone Compliance’s new Employment Law Service.
The webinar is “a double-header”: session two will address a question frequently asked by FSPs, “Should we debar this person?”
The webinar takes place on Microsoft Teams on Wednesday, 5 October, from 10am to 12.30pm.
The Minister of Employer and Labour gazetted the “Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace” in March. Many employers are completely unaware that this code seeks to eliminate all forms of harassment in the workplace. It is not only focused on sexual or racial harassment.
Many employers are also unaware of the onerous duties and obligations the code places on them, particularly the requirement to conduct “a fair and unbiased” investigation when an employee alleges harassment.
Joani van Vuuren, a senior associate in Webber Wentzel’s Labour Law and Health & Safety department, will unpack the nuances related to these types of investigations and what constitutes “a fair and unbiased” investigation.
This session is essential for any business owner or human resources manager.
Debar or dismiss?
In session two, Andrea de Jongh, who heads our Employment Law Service, will tackle the thorny issue of the grounds on which an FSP can rightfully debar a representative.
FSPs who don’t understand the grounds on which they can undertake a debarment can accidently abuse the debarment process by debarring, instead of dismissing, a representative merely for a contractual dispute. As a result, FSPs end up wasting time and money.
Andrea will discuss the substantive and procedural requirements for a fair dismissal under the Code of Good Practice issued in terms of the Labour Relations Act, and the requirements for debarment as set out in the FAIS Act, the Financial Sector Regulation Act and Guidance Notice 1 of 2019.
She will help you to understand the correct procedure for debarring a representative, and the important questions you should ask at each step along the way, to prevent initiating an unnecessary and unjustified debarment hearing.
This session will particularly benefit key individuals, compliance personnel, legal advisers and individuals tasked with risk-management duties.
October’s event will be the first of many informative webinars hosted by our Employment Law Service.
Our new service provides comprehensive advice on managing every aspect of your employees’ life cycle, whether you’re a listed corporate or an SMME.
Click here to find out how we can meet your business’s labour relations needs.
Booking information
Moonstone Compliance clients pay R250 per person (excluding VAT) to attend, and the cost for non-clients is R350 per person (excluding VAT).
These prices are great value for a morning devoted to two highly relevant topics facing employers.
The deadline to register for the webinar is 28 September, and payment must be received by 29 September.
The CPD points for attending the webinar will be confirmed.
For enquiries, contact Surina Spangenberg on 021 883 8000 or email events@moonstonecompliance.co.za
Without being presumptuous, I trust that special attention will be given to paragraphs 3.5.1 – 3.5.3 of Guidance Notice 1 of 2019 (FAIS) – (Guidance Notice on the Debarment Process in terms of Section 14 of the Financial Advisory And Intermediary Services Act, 2002) which relates to the abuse of the process by FSP’s/