Transcription of Chapter 8 Unfair treatment in the workplace
1 Chapter 8 Unfair treatment inthe workplaceUnfair treatment will not be tolerated at YOUR LRAT ypes of Unfair labour practicesThe Act lists the following kinds of treatment as Unfair labour conduct of an employer relating to thepromotion, demotion, probation or training of anemployee or the provision of benefitsExample:If all employees pass a test and all except one are promoted, the employer might beguilty of Unfair conduct against that suspension of an employee or any otherdisciplinary action short of dismissalExample:If an employee and her supervisor have an argument and the employer suspends onlythe employee, even though it is unclear who was to blame for the argument, this couldbe an Unfair suspension (this category excludes dismissal, because dismissals aredealt with in Chapter 8 of the Act.)
2 Failure or refusal of an employer to reinstate or re-employ a former employee in terms of anyagreementExample:If an employee was retrenched but it was agreed with the employer that the employeewould be re-employed if a suitable job became vacant, and the employer disregardsthe agreement by employing another person when a suitable job does become vacant,the employer will be guilty of an Unfair labour detriment, other than dismissal, incontravention of the Protected Disclosures Act,200011 This Act protects employees who blow the whistle by disclosing wrongdoing orunlawful conduct taking place in the workplace .
3 Employees who blow the whistle may not be dismissed and may not be subjected to disciplinary action, suspended,demoted, harassed, intimidated, or be refused a transfer or :If an employee informs the Department of Labour that an employer has been deductingUIF amounts from all the employees wages in the factory but not making payment tothe fund and the employer then discovers the employee s disclosure the employermay not subject the employee to disciplinary action or in any other way prejudice theemployee because of the about Unfair labour practicesIf there is a dispute about an Unfair labour practice the aggrieved employee mayrefer the dispute to a council or to the CCMA.
4 The referral must be made within90 days of the alleged Unfair labour council or CCMA must attempt to resolve the dispute through conciliation. Ifthe Unfair labour practice concerns probation, the CCMA or council must dealwith the dispute by con-arb . This means that if conciliation is unsuccessful, thearbitration must start immediately. If the dispute does not concern probationthen the employee must refer the dispute for arbitration within 30 days of thecouncil or CCMA issuing a certificate that the dispute remains unresolved.
5 Thecouncil or CCMA must then arbitrate the employee may refer a dispute concerning an alleged Unfair labour practice tothe Labour Court for adjudication if the employee has alleged that he or she hasbeen prejudiced by his or her employer in contravention of the ProtectedDisclosures Act, treatment in the workplace11 This Act provides that an employee may not be dismissed or prejudiced in any way on the basis of disclosingwrongdoing or other unlawful conduct taking place in his or her employment YOUR LRAR emediesThe remedies that an arbitrator may order include reinstatement, re-employmentor compensation.
6 Compensation must be just and equitable, and limited to amaximum of 12 months informationRelevant sections in the ActSection 186:Meaning of dismissal and Unfair labour practiceSection 191:Disputes about dismisals and Unfair labour practicesSection 193:Remedies for Unfair dismissals and Unfair labour practicesThe Protected Disclosures Act, 26 of 2000 Forms to fill inLRA Form a dispute to the CCMA for conciliationLRA Form for arbitration54
