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UNFAIR LABOUR PRACTICES: NON-PROMOTION OR APPOINTMENT OF AN EMPLOYEE In the case of CITY OF TSHWANE METROPOLITAN MUNICIPALITY V SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL AND OTHERS (JR 56/2022) [2023] ZALCJHB 243 (16 AUGUST 2023) the employer sought to review and set aside an arbitration award issued by the arbitrator on 30 November 2021. The arbitrator ordered the employer to promote the employee to the position of regional head: regional operations and to pay the employee the remuneration and benefits applicable to that grade.   The employee had been appointed in terms of a fixed-term contract. The post he occupied was designated as a permanent post, and applications for the post were invited. The employer applied but was not appointed. The employee disputed the decision not to appoint him and referred a dispute to the bargaining council.   The Court held that an employee on a fixed-term contract who applied for a permanent position in the municipality was not seeking promotion, but rather an appointment to a vacant permanent post. In these circumstances, the definition of unfair labour practice was not applicable, since it was confined to disputes concerning the unfair conduct by an employer in relation to a promotion.   The arbitrator considered that the dispute that was served before her was a dispute concerning an alleged unfair labour practice in the form of unfair conduct in relation to a promotion.   Given that in law the dispute concerned a refusal or failure to appoint the employee to the post for which he had applied, the arbitrator ought to have decided that the dispute did not fall within the parameters of the definition of unfair labour practice, and that the bargaining council did not have jurisdiction.   The Court found that there was no merit to the submission that the employer's conduct could form the basis of an unfair labour practice. The list of unfair labour practices is a closed list, and any employee seeking to claim an unfair labour practice must frame the referral according to that list. A failure to appoint is not a specified ground.   For the above reason, the dispute that was served before the arbitrator was not a dispute that concerned unfair conduct by an employer in relation to promotion and the bargaining council had no jurisdiction to entertain it.   The arbitrator’s award was reviewed and set aside. #labourlaw #arbitration #fixedtermcontract

Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business should not be classified under a particular sector or industry defined by the Labour Relations Act (LRA) or Bargaining Council Agreements. Article By Claire Turner Provincial Manager at Consolidated Employers Organisation (CEO SA) https://lnkd.in/dWC96suM #ceosa #labourlaw #sectoraldetermination

JURISDICTION OF THE EMPLOYMENT AND LABOUR RELATIONS COURT Litigants should exhaust the dispute resolution mechanism under the Public Service Commission Act before approaching the Employment and Labour Relations Court The Clerk, Nakuru County Assembly and 2 Others v Kenneth Odongo and 7 Others (Unreported) Civil Appeals No 136 and 137 of 2022 (Consolidated); Court of Appeal at Nakuru, F Sichale, FA Ochieng and LA Achode, JJA “It is imperative to note that the provisions of Section 87(2) of the Act are couched in mandatory terms and the said Section expressly ousts the jurisdiction of the Courts in the first instance and a party must first exhaust the provisions of Part XV of the Public Service Commission Act before approaching the Courts. In the instant case, it is evident that the 1st Respondent did not exhaust the procedure for appeal provided under Part XV of the Act and instead opted to rush to Court contrary to the express provisions of the said Act and the petition as filed was a non-starter and premature since no decision had even been made by the Appellants. The Matter was therefore not ripe for hearing.” See digest of the case at page 181 of Volume 2 of Kashindis’ Digest of Employment Cases, Case No. 69 *************** Kashindis' Digest of Employment Cases provides a comprehensive case digest of recent employment and labour relations decisions from the Employment and Labour Relations Court, the Court of Appeal and the Supreme Court. The cases are carefully selected according to their jurisprudential value. To obtain a copy, or get in touch with our Employment Team, please email digest@mmkadv.co.ke or call or WhatsApp +254799320991

Rules And Laws for Transprovincial Organisations. Federal Labour Laws vs Provincial Labour Laws which Laws are applicable on Transprovincial organisations ? 1. Following PROVINCIAL Labour Laws are applicable on all.employees of Transprovincial organisation working at locations located within that province. 1.1 Payment of Wages Act 1.2 Terms of Employment Act 1.3 Social Security Act 1.4 EOBI Act 1.5 Factories Act 1.6 Shops and establishment Act 1.7 Maternity leaves Act Organisations not allowing benefits mentioned in Provincial Labour Laws on the plea that they are Transprovincial are committing illegal Act. 2. Only THe INDUSTRIAL RELATIONS Act 2012 of Federal law will be applicable on Transprovincial organisation which deals with Registration or Trade Unions, unfair Labour Practices and Termination or Dismissal or Reinstatement etc.

Expert Labour Law Services for Your Business Needs At Magate Phala & Associates, our mission is to use our Alternative Dispute Resolution and labour law expertise to resolve disputes effectively, promote harmonious and productive workplace environments, and ensure compliance with legal standards. We understand the challenges businesses face in managing labour relations and are committed to providing solutions that not only address immediate concerns but also contribute to long-term stability and growth. Magate Phala & Associates offers a wide range of services, including: - Chairing Disciplinary Hearings: Overseeing disciplinary proceedings to ensure fairness, impartiality, justifiable decisions and fair outcome. - Initiating Disciplinary Inquiries: Leading a professional presentation of misconduct cases on behalf of the employer - Chairing Incapacity Hearings: Managing sensitive cases with expertise and discretion. - Grievance Hearings: Facilitating resolutions to maintain workplace harmony. - Labour Relations Training: Empowering management, union representatives, and employees with essential knowledge and skills. - Workplace Investigations: conducting detailed and unbiased investigations to uncover facts. - Facilitation of Section 189 Processes: Assisting with restructuring and retrenchment procedures. - Relationship by Objectives (RBO): Enhancing workplace relationships and performance. - CCMA and Bargaining Council Matters: handling and advising clients in dispute resolution forums. - Labour Law Advisory Services: Providing strategic guidance and expert legal advice on all labour-related matters. We would be delighted to discuss how our services can support your organisation. Please feel free to contact us at telephone: 012 065 5604 or labourlaw@magatephala.com to schedule a consultation. #MagatePhala #LabourLaw #Services #Consultation #DisciplinaryHearings #Misconduct #Training #Grievance #AlternativeDisputeResolution #ADR #Resolution

During the Employment and Labour Relations Symposium held this year...🗓️ One of the 3 crucial documents launched was the Employment and Labour Relation Court (Procedure) Rules 2024....📃 It was an upgrade from the (Procedure) Rules of 2016....📝 The document provides for the procedure on how to file Claims/ Petitions in the Employment and Labour Relations Court. It also gives guidance on Appeals including those from (DOSH) at the Employment and Labour Relations Court. A sneak peek on the highlights of the Act includes the following: ✔️ The appropriate Court to file a Claim/Appeal which includes: Where the Claimant Works or Resides or Where the Action Arose. ✔️ Contents of the Statement of Claim. ✔️ Requirements to provide which includes: Respondents Contacts and Addresses. ✔️ Requirements for the arrangement of documents to be used on Trial. ✔️ Filing of a Petition on enforcement of Constitutional Rights. ✔️ Filing of Appeals within 30 days from the date of delivery of the decision. ✔️ Record of Appeal filing within 60 days. ✔️ Cross Appeal filing and service within 21 days of being served with a Memorandum of Appeal. ✔️ In a Class Action Suit a schedule of particulars of other claimants which must be accompanied by the Statement of Claim. ✔️ 28 days for the Respondents to Enter Appearance and file a Response to the Claim from the date of Service. The Act provides different timelines at various stages on a matter that has been instituted in court...🧑⚖️ As part of your due diligence as a HR practitioner it's your duty to ensure legal compliance within the organisation by adhering to the timelines set and providing any necessary documentation needed to be furnished to the court....🗃️ Due to the fact that it's now operational it is my humble opinion that as H.R one takes their time to peruse through the Contents of the Act which in my view is crucial to H.R practitioners because not only does it form one of the basic fundamental Acts of HR legal matters but it also provides guidelines on how to approach the court ....📚

If an employer denies an employee their rightful leaves or violates labor laws, the employee can seek legal action. In Pakistan, the following options are available: 1. _Labour Court_: File a complaint with the Labour Court under the Industrial Relations Act, 2012. 2. _Labour Department_: Submit a complaint to the Labour Department, which can investigate and take action against the employer. 3. _High Court_: File a writ petition in the High Court, citing violation of fundamental rights or labor laws. 4. _National Industrial Relations Commission (NIRC)_: Appeal to the NIRC, which has the power to adjudicate labor disputes. Employees have the right to seek legal remedies for: - Unpaid wages or benefits - Denied leaves or holidays - Unfair termination - Violation of labor laws and contracts It's important to note that legal action should be taken after exhausting all internal grievance procedures and following the proper legal procedures. for more details You can Ask your lawyer .

What is Unfair Labour Practices in the Workplace? Unfair labour practices refers to a conduct moreoften by employers that violates the rights and protections afforded by labour laws, particularly the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). Section 186(2) of the Labour Relation Act stipulates the examples of Unfair Labour Practices: 📌Unfair Demotion 📌Unfair dismissal 📌Victimization 📌Unfair discrimination 📌Unfair working conditions 📌 Unfair treatment in relation to benefits, training, or promotion. What to do if you are facing Unfair Labour Practices in the workplace? ♠️Document the incidents: Keep a record of events, dates, times, and have sufficient details. ♠️Report to your Manager, Human Resource (HR) or Supervisor: Inform them about the issue, providing evidence, and thereafter file a grievance by submitting a formal complaint to your employer, following the correct company guidelines. ♠️Approach the CCMA: If the complaint or grievance is unresolved, refer the matter to the CCMA for conciliation and Arbitration within the period stipulated in the Labour Relation Act (LRA) . ♠️Appoint Legal Representative: It is always advisable to appoint a representative in such matters for proper legal advice and representation,it can either be Legal Practitioner or your Union official. ♠️However, one thing to consider is that: In the CCMA an application for legal representation, particularly by a Legal Practitioner must be made and the Commissioner may upon his/her discretion dismiss or uphold the application. 🔑Be kept informed, and know when to take action. 💫@Mudau M Attorneys⚖️ we continue to prioritize our clients' interests by being a voice to what legally matters to them through litigation, arbitration and more... #LabourLaw #UnfairLabourPractices #AppointAnAttorney⚖️ #Attorney@Law👩🏽⚖️ #TheNobleProfession🤝🏽

“On Thursday, the Labour Appeal Court will hear a crucial hearing on the future of the Simunye Workers Forum (SWF) which represents more than 6,000 people working in the informal sector. Last year, the Labour Court ordered that the Registrar of Labour Relations register the forum as a trade union, meaning it would be able to represent its members in disputes, wage negotiations, and in matters before the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the Registrar has appealed this ruling.” https://lnkd.in/dTRMnuAJ

Today We going to learn that Courts of Pakistan impose fines on Employers who involve themselves in unnecessary litigations and don't Pay legal dues to their employees intime. This case also reminds us that Incompetent HR Professionals always leads to Organizational downfall and wastage of Employers Resources. This case revolves around 4 employees (Mr Jamil and 3 others) of a Lahore based organisation who were Terminated in August 2015. Incompetent HR Managers did not paid them legal dues with in 2 days. As a result these 4 employees approached Authority under Payment of Wages Act Lahore for payment of unpaid wages that included :- -Notice pay, - gratuity, - annual leaves, - bonus, and - wages for August 2015. After a partial ruling in their favor, both parties appealed, and the Punjab Labour Court dismissed the appeals. The employer then filed revision petitions before the Punjab Labour Appellate Tribunal (PLAT) under the Punjab Industrial Relations Act, 2010 (PIRA), which enhanced the awarded amounts. Employer Now approaching to Lahore High Court. This time The employer argued that PLAT lacked the authority to revise the case, citing the finality of earlier settlements. However, the court ruled that PLAT had revisional jurisdiction under Section 47(5) of PIRA. The court also noted that the "Final Settlement Forms" signed by the employees were unilaterally prepared by the employer and did not preclude further claims. In the final ruling, the court upheld PLAT's decision, dismissing the employer's petitions. The employer was ordered to pay Rs. 100,000 in costs to each employee, reinforcing workers' rights to seek redress for unpaid dues. This case serves as a crucial reminder of the legal protections available to employees and the importance of adhering to wage laws. Case is attached for your knowledge pl. Sharing is Caring. Pl follow Imran Shahid a man with the mission to spread awareness on Labour Laws for the benefit of all. If you want to contribute in his mission, you can subscribe to his YouTube Channel "Free Labour Laws of Pakistan " and share the knowledge with your loved once. Thanks Muhammad Imran Shahid Chief Human Resource & Industrial Relations Officer Labour Laws Expert #EmploymentLaw #Wages #LabourRights #LegalUpdates