1 Citizenship Labour practices and disputes LEVEL 4 MODULE 4 LESSON 2 LIFE ORIENTATION Dealing with unfair labour practice and settling disputes LESSON PREPARED BY MS MINNIE 2 Grievances ID: 1020335
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1. LESSON PREPARED BY MS MINNIE 1Citizenship -Labour practices and disputes LEVEL 4MODULE 4LESSON 2 LIFE ORIENTATION
2. Dealing with unfair labour practice and settling disputes. LESSON PREPARED BY MS MINNIE 2
3. Grievances The grievance procedure is the vehicle used by workers when they have a grievance or complaint relating to their working conditions. Always try to resolve the grievance in an informal way. If the grievance is not resolved the next step would be to take the matter to HR or a member of senior management. LESSON PREPARED BY MS MINNIE 3
4. Disciplinary procedure and hearings. Check that a fair procedure has been followed by reviewing the entire process. If a fair process has been followed, then the chairperson of the disciplinary hearing examines the minutes of the hearing and the evidence presented to establish guilt or innocence. If the person is found to be guilty, the chairperson must decide on a sanction. The chairperson must consider several other facts in addition to the evidence presented. These facts are the accused’s length of service, previous disciplinary record and personal circumstances. LESSON PREPARED BY MS MINNIE 4
5. Types of disputes Unfair dismissal – these dismissals include termination of contracts without notice. Unfair labour practice disputes – these disputes include cases of discrimination, unfair suspension or disciplinary action by the employer regarding promotion, demotion or training opportunities in the workplace. LESSON PREPARED BY MS MINNIE 5
6. Types of disputes Mutual interest – these disputes arise when employers and workers have mutual interests and they have a disagreement. (e.g. ownership of shares or improvement of working conditions) Severance pay – these disputes include instances where a dismissal is deemed fair (retrenchment) but the workers feel they have been treated unfairly in the terms of severance package payment. LESSON PREPARED BY MS MINNIE 6
7. The CCMA assists with dispute resolutions If there is a dispute over a matter such as dismissal, wages and working conditions, workplace changes or discrimination, you may take it to the CCMA to conciliate or even arbitrate your dispute. A union or employer’s organisation may also initiate this action. LESSON PREPARED BY MS MINNIE 7
8. The CCMA cannot deal with the following cases. Where an independent contractor is involved. Where the case does not deal with and issue in the labour Relations of Employment Equity Acts.Where a bargaining council or statutory council exists for that sector.Where a private agreement exists for resolving disputes. LESSON PREPARED BY MS MINNIE 8
9. Unfair dismissals An employer has unfairly terminated (ended) a contract of employment with or without notice. A worker expected his/her fixed term contract to be renewed, but the employer renewed it on less favourable terms or did not renew the contract. LESSON PREPARED BY MS MINNIE 9
10. Unfair dismissals An employer dismissed a number of workers for the same or similar reasons, but offers re-employment only to some. LESSON PREPARED BY MS MINNIE 10
11. Unfair dismissals An employer refuses to allow a worker to resume work after taking maternity leave. A worker is forces to end his/her contract because the employer made the conditions at work intolerable for the worker. LESSON PREPARED BY MS MINNIE 11
12. Unfair dismissals A new employer provides the worker with conditions or circumstances at work that are less favourable than those provided by the old employer, thereby forcing the worker to leave or resign. LESSON PREPARED BY MS MINNIE 12
13. Retrenchment An attempt must be made to reach a consensus (agreement) on:Avoiding the dismissal alternatively the worker could work less hours). Minimising the dismissal. The timing of dismissals.LESSON PREPARED BY MS MINNIE 13
14. Retrenchment Ways to lessen the effects of retrenchment. The method for selecting the workers to be dismissed.Severance pay.LESSON PREPARED BY MS MINNIE 14
15. The right to strike In South Africa the workers have the right to strike and this right is protected by the LRA. Strikes can be very effective, because they place employers under financial pressure to improve working conditions or pay. LESSON PREPARED BY MS MINNIE 15
16. Joining a trade unionTrade unions can be beneficial in the following ways. The biggest advantage is the protection of belonging to a bigger group. Registered trade unions have a right to participate in collective bargaining in a bargaining council on various labour issues. Trade unions protect workers from exploitation and victimisation by management. LESSON PREPARED BY MS MINNIE 16
17. Joining a trade union The trade union can raise health and safety issues with management and contact the appropriate authorities. Most unions provide social-type benefits, such as death grants, and have discount deals that you can take advantage of. Trade unions assist members by offering them educational programmes about their rights, both in the workplace and at home. In some instances trade unions provide their members with legal assistance during disciplinary matters. LESSON PREPARED BY MS MINNIE 17