UNFAIR LABOUR PRACTICES AND EMPLOYMENT EQUITY:
I would like to share some Matters of Concern Observed Recently why the Number of the Unemployment Rate increased daily.
Employee’s are treated badly in their Working Environment, due to Ignorance about their Rights as Workers. Many ended up being Treated Unfairly or even being Discriminated according to Race, Creed or Sexual Differences.
In terms of the EEA Unfair Discrimination is: “inter alia, any unfair act or omission that arises between an employer and an employee involving. the unfair discrimination, either directly or indirectly, on any arbitrary ground, including but not limited to race, gender, sex, pregnancy, HIV status, ethnic or social origin, color, sexual orientation, age, disability, religion conscience, belief, political opinion, culture, language, marital status, birth or family responsibility“.
The Term Employee (highlighted above): Include an Applicant for Employment. Furthermore, it is important to note that any Discrimination based on the Inherent Requirement of a Job does not Constitute Unfair Discrimination.
UNFAIR LABOUR PRACTICE: Introduction: – The Objective is to Investigate the Concept “Unfair Labour Practice”. Labour Relations Act as Amended: – The New Labour Relations Act has no General “open-textured” definition of Unfair Labour Practice, but has instead substituted this for specific Statutory Provisions that Delineate the Arena of Permissible Employer Actions. – The “Residual Unfair Labour Practice” define was added to Capture those Unfair Actions not specifically provided for.
Residual Unfair Labour Practice: Affirmative Action: – Three (3) possible meanings can be attached to “Discrimination”: ◊ A Neutral Meaning ◊ Reverse Discrimination or Affirmative Action ◊ A Pejorative Meaning of Unfair Difference in the Legal, Social or Economic treatment of persons. The following is suggested as a General Definition of Discrimination: –
Discrimination is the use of irrelevant criteria to distinguish between groups, which have the purpose or effect of less favorable consequences for members of one group to those of another.
Unfair Conduct: – Residual Unfair Labour Practice also includes “Unfair Conduct” relating to the following: ◊ Promotion ◊ Demotion ◊ Training ◊ Benefits ◊ Unilateral variation of conditions of service ◊ Pension Rights ◊ Transfer ◊ Unfair Suspension and Disciplinary Action short of Dismissal ◊ Failure to Re-employ in Terms of an Agreement Remedies against Unfair Labour Practices.
The following Procedures must be followed: ◊ Referral for Conciliation by a Bargaining Council ◊ If there is no Bargaining Council, it must be referred to the CCMA ◊ If the Dispute remains unresolved, must be referred to the Labour Court; unless the parties agreed to Arbitration Dispute of Right versus Dispute of Interest: – The New Labour Relations Act 1995 eliminates the problem of having distinguish between Dispute of Right and Interest. – Rights Disputes are those: ◊ Arising from Breaches of Rights; or ◊ Failure to Discharge Duties expressly conferred or imposed by the Labour Relations Act; ◊ Collective Agreement; or ◊ Contract of Service (that are justifiable by way of Arbitration or Adjudication). – All other Disputes are Disputes of Interest and Non-justifiable; and ◊ To be resolved by Industrial Action Why is it important to distinguish between Disputes of Rights ◊ Dispute of Rights is Justifiable ◊ During Disputes of Interest you have to resort to Industrial Action taken.
The Need for Workers to Know Their Rights and Duties in any Working Relationship is necessary to Avoid Unnecessary Disputes at Work. I have observed that many people ending up being Discharged/Dismissed from Work without Proper Procedures followed by their Employers.
As A Human’s Rights Activist I Belief in All People’s Rights be Respected in any Environment. Workers do have Rights!