The unfair labour practice relating to suspension
- Authors: Moela, Matlose Phineas
- Date: 2018
- Subjects: Unfair labor practices -- South Africa , Labor laws and legislation -- South Africa Labor policy -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/23038 , vital:30398
- Description: This treatise considers unfair-labour- practice relating to suspensions in the workplace. Furthermore the treatise outlines the legal framework relating to suspensions in the workplace. As I explore this fundamental issues of the law, the fairness relating to suspension will be examined. Some recommendations are also made as to how departments and organisations must develop guidelines and policies which are legally sound to deal with suspension in the workplace. Employees often challenge the fairness of their suspension in the workplace. These challenges are based on a number of things, including failure to provide an employee to make representations, failure to comply with policies regulating suspensions in the workplace, suspension without pay, prolonged suspensions, etc. The treatise therefore also consider these challenges as well as the recourse available to employees. The treatise commences with the legal framework and principles contained in the Labour Relations Act, 66 of 1995 (hereinafter referred to as the LRA) applicable to suspensions. The treatise then considers other legislation and recent developments in both the public and private sector. The study concludes with remedies available to employees in instances where an unfair-labour-practice relating to suspension has been found to be committed by an employer during the suspension process.
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- Date Issued: 2018
Exploring the unfair labour practice relating to promotion in the education sector
- Authors: Moela, Matlose Phineas
- Date: 2016
- Subjects: Unfair labor practices -- South Africa Discrimination in employment -- South Africa Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/12209 , vital:27044
- Description: This research paper explores the means at the disposal of employers and employees to address the phenomenon of unfair labour practice relating to promotion in the workplace. Furthermore the paper endeavours to illustrate that there are aspects of South African law that provide a framework within which unfair labour practices can be addressed in the workplace. As I explore these fundamental issues of the law, the fairness relating to recruitment and selection practices will be examined. Some recommendations are also made as to how departments and organisations must address promotion issues at the workplace. There are often perceptions of alleged unfairness committed by employers in the workplace. These perceptions emanate from a number of allegations. The allegations include but are not limited to past practices, policy considerations, acting in higher positions, prior promises, being better qualified, receiving higher marks in the interviews, irregular conduct by the interviewing panel, unfair decisions by appointing authority or their failure to apply their minds, affirmative action or equity considerations. The study seeks to explore some of these allegations and further provide certainty as to what the legal recourse is under those circumstances. The research further seeks to provide the legal certainty pertaining to issues of promotion in the workplace. The study commences on a general approach to the principles of law relating to unfair labour practice in the public sector. Further developments of the law relating to promotion as it applies to the education sector are explored. The study culminates with possible remedies available to instances where an unfair conduct has been found to be committed by the employer during the promotion process. There is sufficient case law which covers the promotion processes. The study also exposes forms of relief which can be awarded to applicants who had lodged disputes in which it is found that indeed the employer had committed unfair labour practice relating to promotion. The study further aims to explore both procedural and substantive fairness with regard to appointment and promotion processes. Issues which are dealt with concerning fairness in promotion disputes include polygraph tests, whether there are hard and fast rules to the process, whether employees have the general right to promotion, what the requirements for fair appointment or promotion are, the law on substantive fairness, affirmative action and promotion, the consequences of failure to appoint the most suitable candidate, dealing with candidates who obtained higher scores in the interviews, promoting a candidate who had not met minimum requirements and promoting candidates based on flawed scores. The research also deals with frivolous referrals of disputes and costs which can be awarded against such applicants. Further issues which are dealt with in this research include the concept of “joinder” which is critical where there is an incumbent in the post which is disputed and the relief sought is that such post must be set aside. Further clarity is given on who is supposed to be joined in a dispute which is referred in the education sector. The CCMA rules on joinder are also clarified. The consequences of failure to join the incumbent are also dealt with. The research is also clarifying the concept of prematurity or ripeness in promotion disputes and its consequent lack of jurisdiction if such is referred.
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- Date Issued: 2016