Delegates who attended the recent 11th Annual Labour Law Seminar hosted by Business Eswatini expressed satisfaction in the delivery. The seminar was held on the 29th February under the theme “Embracing Change in the Workplace” and its objectives were to update social partners on the most recent developments in the industrial relations space whilst also equipping them with the skills required to cope in this progressively volatile environment. Requested for remarks the CEO of Business Eswatini Mr. E. Nathi Dlamini, expressed excitement regarding the success of the seminar.
“We are extremely excited about the outcome of the seminar for many reasons; Firstly, as with all our seminars held in previous years, the turn-out was overwhelming. We had to, once again, turn delegates away as the numbers were too much to accommodate in one room. It is for this reason that we are exploring options to expand it next year to ensure that we accommodate as many delegates whilst also maximizing their experience.
“Secondly; having taken consideration of the reviews by our delegates, we landed to the conclusion that they were delighted by the quality and relevance of the content which was shared by presenters. According to the reviews, the impartation that was made on the day will go a long way in ensuring that informed decisions are taken to limit the likelihood for disruptions in the workplace going forward. It is for this reason that we encourage those who missed this instalment to book early next time around so that they are not left behind on these important discussions”.
“Lastly; The seminar was attended by a diverse group as Employers, Human Capital practitioners, Legal practitioners, Trade Unions and Staff Association representatives were present in one room. We trust that this helps to ensure that all stakeholders can sing from the same hymn book, thus making it possible to reach decisions in an amicable manner”.
“We would like to thank all our members and our partners, Royal Villas and the International Labour Organization who collaborated with Business Eswatini to make this seminar a resounding success. We are privileged and grateful for the opportunity to serve the business community in this manner and we will continue to look for more ways to add value in the best possible way”, he said.
Below is a summary of the presentations:
Zweli Jele
Mr. Zweli Jele took to the podium to give updates on the most recent legal cases which have a direct bearing to the machinations of the workplace environment and employers in particular. This presentation proved to be an eye-opener for employers, particularly as it delved into the latest developments surrounding court interpretations of the key industrial cases.
With each case, employers realized the necessity to reassess their approaches to disciplining employees in the workplace. The nuanced understanding of how courts interpret various labor-related cases which underscores the importance of handling disciplinary matters effectively and meticulously. As the updates were being made, employers in attendance realized that certain disciplinary practices, even if well-meaning and based on principle, can lead to substantial liabilities, putting their organizations at significant risk. The best practices and principles were share by Mr. Jele in order to help employers avoid falling victim to unfortunate scenarios due to ignarance.
At the end of Mr. Jele’s presentation, it was vividly clear that the landscape of labour law is continually evolving, necessitating adaptability and foresight in policies and practices in the workplace. The insights shared highlighted the importance of proactive measures to mitigate potential legal challenges and liabilities. Employers were encouraged to cultivate a culture of fairness and transparency in their disciplinary procedures, ensuring compliance with the latest legal precedents. By embracing those insights, employers can navigate the complex terrain of labor law with greater confidence, safeguarding both their organizations and the rights of their employees.
Nerine Kahn
Nerine firstly evaluated the Eswatini Collective Bargaining Framework, focusing on bargaining rights and the various formations established under the Industrial Relations Act 2000 (as amended). A key discussion point centered around the procedure for recognizing trade unions and staff associations. She observed that this process, while essential, has several pitfalls, including disclosure requirements that can often lead to disputes, consume time, and result in a circular process.
Ms. Kahn shared insights for consideration by social partners on the adoption of an equitable and effective social dialogue forum for Eswatini. She drew comparisons with the South African National Economic Development and Labour Council (NEDLAC) and other similar institutions. Key questions to ponder before adopting a similar institutional arrangement include the presence of an active civil society, a strong social dialogue culture, ensuring a power balance between the involved parties, and commitment to democratic principles.
Some activities included individual and group exercises and discussions. Nerine also upskilled delegates on the various negotiation styles so that they can engage in meaningful and informed negotiations. Social partners were encouraged to adopt a code on collective bargaining and improve on information sharing so that everyone has a common understanding of relevant information for negotiations. An in-depth presentation was made on this aspect.
Given the increasing number of strikes in Eswatini, Nerine unpacked strategies on how they may be managed. As Eswatini is considering (at policy level) to adopt a National Minimum Wage, Nerine also explored several approaches and various dynamics for each model. Conclusively, she advised that the best approach was that which guarantees business viability whilst leading to sustainable employment relationships.
