Schedule 2: Guidelines for Constitution of Workplace Forum

1. Introduction

1. This Schedule contains guidelines for the constitution of a workplace forum . It is intended to guide representative trade unions that wish to establish a workplace forum, employers and commissioners.

2. This Act places the highest value on the establishment of workplace forums by agreement between a representative trade union and an employer. The role of the commissioner is to facilitate an agreement establishing the structure and functions of a Workplace forum . If agreement is not possible, either in whole or in part, the commissioner must refer to this Schedule, using its guidelines in a manner that best suits the particular workplace involved.

3. For convenience, the guidelines follow the sequence of the paragraphs in section 82 of this Act.

2. Number of seats in workplace forums

(section 82(1)(a))

The formula to determine the number of seats in the workplace forum should reflect the size, nature, occupational structure and physical location of the Workplace. A guideline may be-

1. in a workplace in which 100 to 200 employees are employed, five members:
2. in a workplace in which 201 to 600 employees are employed, eight members;
3. in a workplace in which 601 to 1 000 employees are employed, 10 members;
4. in a workplace in which more than 1 000 employees are employed, 10 members for the first 1000 employees, plus an additional member for every additional 500 employees, up to a maximum of 20 members.

3. Distribution of seats to reflect occupational structure

(section 82(1)(b))

The formula to determine the distribution of seats in the workplace forum must reflect the occupational structure of the workplace.

Example:

There are 300 employees in a workplace. The occupational structure is as follows: 200 employees are manual employees; 50 are administrative and clerical employees; and 50 are supervisory, managerial and technical employees. The six seats may be distributed as follows-

4 seats for members to be elected from candidates nominated from among the manual employees 1 seat for members to be elected from candidates nominated from among the administrative and clerical employees
1 seat for members to be elected from candidates nominated from among the supervisory, managerial and technical employees.

4. Elections

(section 82(1)(c), (d), (g), (h), (i) and (j))

1. The constitution must include provisions concerning the appointment of an election officer.

Example:

1. Every election or by-election in relation to a workplace forum must be conducted by an election officer appointed by agreement between the representative trade union and the employer.
2. If the trade union and the employer cannot agree, the trade union may apply to the Commission to appoint an election officer.
3. The Commission must appoint an election officer to conduct a by-election only if it is satisfied that the workplace forum cannot function adequately without a by-election.

2. The constitution must set out what the election officer should do and the procedure for an election.

Example:

1. Thirty days before each election of members of the workplace forum the election officer must-

   1. prepare a list of all employees in the workplace ; and

   2. call for nominations for members of the workplace forum.

2. Any employee may be nominated as a candidate for election as a member of the workplace forum by-

   1. any registered trade union with members employed in the work-place;

   2. a petition signed by not less than 20 per cent of the employees in the workplace or 100 employees, whichever number of employees is the smaller.

3. Any employee who is a member or has previously served as a member of a workplace forum is eligible for reselection.

4. Fourteen days before each election of members of the workplace forum, the election officer must-

   1. confirm that the nominated candidates qualify for election;
   2. publish a list of all qualified candidates who have been properly nominated; and

   3. prepare a ballot for the election, listing the nominated candidates in alphabetical order by surname.

5. Voting must be by secret ballot.
6. Every employee is entitled to vote in he election of the workplace forum during working hours at the employer's premises.
7. Every employee in the workplace is entitled to cast a number of votes equal to the number of members to be elected to the workplace forum.
8. Every employee may cast one or more of those votes in favour of any candidate.

5. Terms of office

(section 82(1)(k), (l) and (m))

1. The constitution must provide that the members of a workplace forum remain in office until the first meeting of the newly elected workplace forum.

2. The constitution must include provisions allowing the members to resign as well as provisions for the removal of members from office.

Example:

1. A member of a workplace forum may resign by giving written notice to the chairperson.

2. A member of a workplace forum must vacate that office-

   1. when the member's resignation takes effect;
   2. if the member is promoted to senior managerial status;
   3. if the member is transferred from the workplace;
   4. if the member s employment is terminated;
   5. as a result of an award of a commissioner; or

   6. if the representative trade union that nominated a member removes the member

3. The representative trade union, the employer, or the workplace forum may apply to the Commission to have a member of the workplace forum removed from office on the grounds of gross dereliction of the duties of office.
4. Twenty percent of the employees in the workplace may submit a signed petition to the Commission applying for the removal from office of a member of the workplace forum on the grounds of gross dereliction of the duties of office.
5. An application to remove a member of a workplace forum from office must be decided by arbitration under the auspices of the Commission.
6. A by-election to fill any vacancy in the workplace forum must be conducted by an election officer.

6. Meetings of workplace forum

(section 82(1)(n))

The constitution must include provisions governing meetings of the workplace forum.

Example:

1. The first meeting of a newly elected workplace forum must be convened by the election officer as soon as practicable after the election.
2. At that meeting the members of the workplace forum must elect from among their number a chairperson and a deputy chairperson.
3. The workplace forum must meet whenever necessary, but at least once a month.
4. A quorum of the workplace forum must be a majority of the members of the workplace forum holding office at any time.
5. A decision of the majority of the members of the workplace forum present at the meeting must be the decision of the workplace forum.
6. The meetings between members of the workplace forum and the employees should be at least four times a year.

Example 1:

In a Workplace that is a single place, the meetings with the employees should be with all the members of the workplace forum.

Example 2:

In a workplace that is geographically dispersed, the meetings with the employees need not be with all the members of the workplace forum, but with one or more members of the workplace forum.

7. Time off for members of workplace forum

(section 82(1)(p))

The constitution must include provisions governing time off for members to perform their functions.

Example:

1. A member of a workplace forum is entitled to take reasonable time off during working hours with pay for the purpose of-

   1. performing the functions and duties of a member; and

   2. undergoing training relevant to the performance of those functions and duties.

2. The right to time off is subject to conditions that are reasonable, so as to prevent the undue disruption of work.
3. The costs associated with the training must be paid by the employer, if those costs are reasonable, having regard to the size and capabilities of the employer.

8. Facilities to be provided to workplace forum

(section 82(1)(r))

The constitution must require the employer to provide adequate facilities to the workplace forum to perform its functions.

Example:

1. The employer must provide, at its cost-

   1. fees, facilities and materials that are necessary for the conduct of elections and by-elections of the workplace forum; and

   2. administrative and secretarial facilities that are appropriate to enable the members of the workplace forum to perform their functions and duties.

2. These facilities must include, but are not limited to, a room in which the workplace forum may meet and access to a telephone.
3. The costs incurred by the employer in complying with the provisions of paragraphs (a) and (b) must be reasonable, having regard to the size and capabilities of the employer.

9. Experts

(section 82(1)(t))

The constitution may provide for the use of experts.

1. A workplace forum may ask experts to assist it in the performance of any of its functions.
2. An expert must ensure that there is no conflict of interest between the assistance given to one workplace forum and another.
3. An expert may attend any meeting of the workplace forum and, at its request, address any meetings of the workplace forum including a meeting with the employer or the employees.
4. An expert is entitled to any information to which the workplace forum is entitled and may inspect and copy any document.

10. Establishment of co-ordinating and subsidiary workplace forums

(section 82(2)(b))

1. Where an employer carries on or conducts two or more operations that are independent of each other by reason of their size, function or organization, the constitution may provide for the establishment of a co-ordinating workplace forum with jurisdiction over those matters mentioned in sections 84 and 86 that affect the employees generally and for the establishment of a subsidiary workplace forum in each of the workplaces with jurisdiction over those matters that affect only the employees in that workplace.

2. Where the employer has a workplace that is geographically dispersed and there are matters that are of local interest rather than general interest, the constitution may establish a Coordinating workplace forum with general jurisdiction and subsidiary workplace forums with local interest jurisdiction.

Example:

A bank with a head office may have many branches dispersed around the country. If the branches are not regarded as separate workplaces, the bank may have one workplace forum for all its employees or the constitution may allow for the establishment of a Coordinating workplace forum at head office level and in certain or all of the branches allow the establishment of subsidiary workplace forums that will deal with matters that affect only the employees in those branches.