This approach was, however, overturned by the Labour Appeal Court in Apollo Tyres and put to bed the debate as to whether a benefit is excluded from the definition of remuneration and stated as follows: “The distinction that the courts sought to draw between salaries or wages as remuneration and benefits are not laudable but artificial and unsustainable. Unfair Labor Practices by Unions. Call us at 011 234 2125 for labour law assistance. In a succinct award, the arbitrator reached the following conclusions: "18. Discrimination can occur due to sex or race, which are both prohibited under federal law. At the same time, every employee has the right to not be dismissed by the employer procedurally or substantively unfair. This was not what the legislature had in mind. They need a voice that will do for them what COSATU does for unions and their members. The reason is that non-payment of salary is referred to the Department of Labour. What to do when you receive a compliance order for the National Minimum Wage? Rights, Duties And Unfair Labour Practices. It is not regarded as an unfair labour practice dispute as this definition relates only to benefits and not salary. In the case of SAPU obo Louw vs SAPS (2005, 1 BALR 22) the arbitrator found that failure to pay the employee a merit award did fall within the definition of an unfair practice. In considering whether the non-payment of the salary increase constituted an unfair labour practice, the court held that payment of the salary increase had to be a ‘benefit’ for the purposes of s 186 (2) of the Labour Relations Act 66 of 1995 (LRA). According to the Act, every employee has the right not to be subjected to such practice. unfair labour practice dispute. You are advised to consult with us before using/relying on this information. The arbitration award [4] On 10 July 2009, the applicant‟s claim was dismissed by the third respondent ('the arbitrator'). Yes, It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on compensation or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII, ADEA, ADA or the Equal Pay Act. CEO recently assisted in a dispute relating to the employer’s failure to increase an employee’s salary, while other employee’s salaries were increased. There have been divergent views as to whether a former employee can refer a dispute, other than an unfair dismissal dispute, against their erstwhile employer. Employees could also choose to identify the underpayment or non-payment of their salary as an unfair labour practice relating to the provision of a benefit and refer a dispute to the CCMA in this regard. In the matter of Solidarity obo Oelofse v Armscor (SOC) Ltd and Others (21 February 2018), the Labour Court (LC) was tasked with reviewing a decision that the non-payment of a performance bonus was not an unfair labour practice, even though the employee exceeded the qualifying rating. Monrovia – Arcelor Mittal Steel, one of the concessionaires in Liberia has been found liable for unfair labour practice, wrongful dismal and ordered to pay over US$34, 000 and also reinstate a dismissed employee. Employees can also claim an unpaid salary via the Small Claims Court provided the outstanding salary does not exceed R15 000. [CDATA[ */ Equity Regulations, 2014 came into effect and subsequently, the Minister of Labour, Mildred Nelisiwe Oliphant, published the Draft Code of Good Practice on Equal Pay for … relating to the provision of benefits to an employee.”. This was a "dispute of rights". The payment must be done in South African rand. prove unfair labour pr actice was discharged by IMATU. CEO recently assisted in a dispute relating to the employer’s failure to increase an employee’s salary, while other employee’s salaries were increased. On the face of it, the employer’s conduct in awarding increment to other staff members to the exclusion of the applicant is arbitrary and inconsistent. The unfair disciplinary action of, for instance, suspension, which the employee claims has been done without their wrongdoing, is an unfair labour practice, which must be referred to the CCMA. 195-02 Jutlander Road,Beaulieu Estate,Witpoort, Midrand, Tel: (011) 234 2125 The general rule is that all employees should be paid minimum wage and overtime compensation. A claim for an increase, so the court found, did not fall within the ambit of a ‘benefit’. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees. The aforesaid is, however, not an option available to you if you are in senior management and/ or earn more than R205 443.30 per year. In Minister for Justice and Constitutional Development v Tshishonga [2009] 9 BLLR 862 (LAC) the Labour Appeal Court compared an unfair dismissal dispute with a delictual claim for non-ability damages. If every employee in the company must, for instance, pass a particular test before they can be promoted and all of them do so, but one employee is not promoted even though he did pass the test, then it is discrimination and thus unfair labour practice. Labour law protects workers against exploitation by employers and non-payment of wages. In particular, it was recorded as follows: [14] It is trite that . NB: this article is for information purposes … This is your best option as the Department of Labour offers assistance free of charge. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action. Labour law does not place a statutory requirement on employers to pay bonuses of any sort, therefore, any payment of bonuses are also not regulated by labour legislation, but rather by contract, policy, or the establishment of practice. Hyderabad: Nurses of the Nizam’s Institute of Medical Sciences on Tuesday staged a protest over unfair labour practices by authorities.Alleging harassment and non-payment … Below, we try to clear up some of common misconceptions about unfair vs. illegal workplace conditions and practices. Unfair labour practice is about the omission of an action or being guilty of an unfair act in the employment relationship. CEO strives to be that voice for Employers. as an unfair labour practice dispute to the CCMA, in terms of Section 186(2)(a) of the LRA. Monday - Friday: 8:00 am - 17:00 pm, /* */, Copyright © 2018 Allardyce & Partners Attorneys. The reason is that non-payment of salary is referred to the Department of Labour. For more information on unfair labour practices, contact us at reception@allardyce.co.za or on 011 234 2125 today. The alleged unfair labour practice dispute ought to have been referred to arbitration in terms of section 191(5)(a)(iv) of the LRA. on Can a Wage Dispute be referred to the CCMA as an Unfair Labour Practice? The Employment Standards Branch distributes general information about employment standards in Manitoba, including the minimum standards required by law. There is also a long history of union intimidation and coercion. In the matter of Solidarity obo Oelofse v Armscor (SOC) Ltd and Others (21 February 2018), the Labour Court (LC) was tasked with reviewing a decision that the non-payment of a performance bonus was not an unfair labour practice, even though the … It follows that if a dispute may be referred to Arbitration (as a benefit dispute), then an employee may not strike over that dispute in terms of S65(1)(c). be referred to the Department of Labour as a non-payment of salary dispute. He was appointed in the said position in 2007 at salary level 7. Visit the Magistrate’s Court in your area and speak to the Clerk regarding the Small Claims Court and a … Information is relevant to the date of publishing – February 2018. the onus to establish existence of a decision that constitutes an unfair labour practice as provided in . [19] The alleged non-payment of bonuses is grounded on the provisions of section 186(2)(a) of the LRA, which define and deal with „unfair labour practice‟. 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