A look at labour relations – know your rights
“Employers are at their happiest on Mondays. Employees are at their happiest on Fridays.”
The section regarding labour in the Bill of Rights finds application in respect of both the employer and the employee.
It says: “Everyone has the right to fair labour practices. Every worker has the right to form and join a trade union; to participate in the activities and programmes of a trade union; and to strike.”
Although the employee has the right to participate in the trade union activities as well as in strikes, the employee has a responsibility to do so peacefully, contravention of such may lead to a dismissal by an employer.
Any person who is in the employment of a field which delivers an essential or maintenance service is precluded from taking part in the strike, due to the nature of their employment.
An essential service is defined, in the Act, as a service of which the interruption thereof endangers life, personal safety or health of the population, parliamentary services and the South African police service.
A maintenance service is defined as one in which the interruption thereof will lead to material physical destruction of the working area, machinery or plant.
With regard to employers the Section states: “Every employer has the right to form and join an employers’ organisation; and to participate in the activities and programmes of an employers’ organisation.”
The employer must exercise his/her duties in accordance with the Labour Relations Act as well as the Employment Equity Act in order to ensure that fair labour practices are enforced within the company.
Compiled by Monique Milligan – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
