UNFAIR LABOUR PRACTICE

Posted on:
1 Mar 2016
Category:
Workplace
Posted by:
Portia KOBUE
Occupation:
public_institution/school
Region:
gauteng

My employer terminated my salary after informing me of a pending disciplinary process and no details were provided. I applied for paid study leave. My manager and the head of the unit approved it. The policy states that employees are entittled to it if their manager recommends. Human Resource failed to comment on the request until the day of my scheduled travel. My manager advised me to apply for vacation leave and take up the offer he assured me he will sort it out.

3 Responses

  1. Jacob Molefe

    My take is; this constitutes an unfair labour practice

    According to Section 188 of the Labour Relations Act (LRA) 66/1995 as amended, a dismissal can only be fair if it is for a good reason and if the correct procedures were followed when terminating the contract.

    Section 188 says:
    that the reason for dismissal is a fair reason:
    (i) related to the employees conduct or capacity; or
    (ii) based on the employer’s operational requirements; and
    (b) that the dismissal was effected in accordance with a fair procedure

    (2) Any person considering whether or not the dismissal was effected in accordance with a fair procedure must take into account any relevant code of good practice issued in terms of this Act.

    Based on the above argument as stated in the Labour Relations Act, if what is said by the dismissed employee is correct, for me the dismissal constitutes an unfair labour practice due to the fact that the dismissal didn’t follow procedure (disciplinary procedure, to establish facts on this matter) and nothing is said about the conduct of the employer that suggest he/she would have violated a code of conduct of the company except and was allegedly granted permission to go on leave.

    From Jacob Molefe: Senior Lecturer for Labour Relations (EEC TVET COLLEGE)
    : Gauteng Provincial Secretary of the South African Liberated Public Sector Workers
    Union popularly known as SAPSU

    • PBM_Admin

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      Admin

      Perhaps you could suggest a course of action which must be followed for Portia Kobue to secure justice.

  2. Jacob Molefe

    Refer the matter for dispute with the CCMA or Bargain Council which the employee falls under.
    The basis for referral is informed by the guidelines in case of dismissal for misconduct which states the following:
    Dismissal based on misconduct can only be fair if an employee broke workplace rule, I assuming that the employer dismissed you on those grounds, but remember that still need to be tested.
    NB: the following need to be considered:
    – can we say the workplace rule is a reasonable rule
    – can we say the employee definitely knew or really should have known this rule
    – the rule is always meant to be followed and the employer always asks employees to follow it.
    – dismissal is a suitable punishment for breaking this rule
    If you look at the above mentioned guidelines against what the dismissed employee said, it goes without saying that the dismissed employee has grounds to dispute his dismissal.

    From Jacob Molefe: Senior Lecturer for Labour Relations (EEC TVET COLLEGE)
    : Gauteng Provincial Secretary of the South African Liberated Public Sector Workers
    Union popularly known as SAPSU

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