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A vehicle to test union’s own labour practices

  • 29 March 201929 March 2019
  • by Carmel Rickard

Talk about the shoe being on the other foot: one of SA’s major unions recently had an unusual experience when one of its own employees took it to court, claiming to be the victim of an unfair labour practice. 

THIS is a case certain to intrigue everyone in SA’s formal work space, for it concerns a major union in an unaccustomed role – as an employer in dispute with a union organizer who challenged an alleged unfair labour practice.

Who would prove to have the better grasp of workplace law and of what constitutes fairness?

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Generous to a fault

  • 23 January 20198 February 2019
  • by Carmel Rickard

The labour court in SA has upheld the dismissal of a pharmacist who gave exorbitant discounts, over-ruling a curious ruling in his favour by the CCMA

Read the judgment

A RECENT decision by SA’s labour court has left me wondering how some pharmacies stay solvent given the extraordinary discounts routinely offer to certain clients.

The case involves a pharmacist, Siyabulela Zulu, employed by Madeira Pharmacies at the start of 2010. Six years later, dismissed for misconduct related to the issue of high discounts, he referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA).

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NUM’s wrong turning

  • 15 January 20198 February 2019
  • by Carmel Rickard

NUM’s involvement in a health and safety compliance dispute has been found by the SA labour court to be irresponsible and unreasonable.

HOW is an employer to respond when workers effectively hold a mine to ransom?

In the case of PMG Mining’s Bishop Mine operations near Postmasburg in SA Northern Cape province, the refusal by some 16 truck drivers to take a test mandated by the Mine Health and Safety Act (MHSA) could have seen the entire mining enterprise closed down. When all but two steadfastly ignored management’s instruction to comply with the legislation, they appeared before a disciplinary inquiry and were later dismissed for gross insubordination and for failing to obey a “reasonable and lawful instruction”.

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