ANC-aligned labour federation Cosatu has lashed out at the SA Federation of Trade Unions (Saftu) for allegedly saying a draft code on dismissal effectively gives a blank cheque to employers to fire workers without following labour legislation.
The draft code of good practice on dismissal was published in the Government Gazette in January by labour & employment minister Nomakhosazana Meth.
Affecting small employers, the draft code pertains to dismissals linked to poor performance, misconduct, participation in an unprotected strike and operational requirements.
“The key principle in this code is that employers and employees should treat one another with mutual respect. This code places a premium on employment justice, the efficient operation of an employer’s business and the expeditious resolution of disputes,” the code states.
The code, which does not alter the rights and obligations created under a collective agreement, states that small businesses “cannot reasonably be expected to engage in time-consuming investigations or pre-dismissal processes while keeping the business going”.
“A dismissal is fair if it is for a fair reason and in accordance with a fair procedure… In cases where the dismissal is not automatically unfair, the employer must show that the dismissal was for a fair reason and in accordance with a fair procedure.”
The draft code states “generally, dismissal is only an appropriate sanction if a continued employment relationship is intolerable”.
It also states that participating in an unprotected strike, like any misconduct, “does not always deserve dismissal”.
On poor work performance, the draft code — which recognises imprisonment as a form of incapacity — says the stringent requirements for poor work performance don’t have to be observed for managers, senior employees and highly skilled employees, as these employees should have the knowledge and skill enabling them to judge whether their performance meets the required level.
Saftu national spokesperson Newton Masuku said the labour federation “vehemently rejects” the draft code.
“These changes are a direct assault on the hard-won rights of workers, and we call on all workers, unions and progressive formations to unite in resistance. The proposed amendments to labour laws are not merely neutral, technical legal changes aimed at smoothing relations between the workers and the bosses on the shop floor,” he said.
“Rather, the changes are underpinned by a political economy whose aim is to tilt the balance of power relations on the shop floor in favour of the bosses.”
The draft code, he said, represents “raw class warfare waged by bosses against workers”.
“The proposed changes represent a thinly veiled attempt to chip away at the labour protections won through heroic struggles and huge sacrifices by the working class.”
Masuku said Saftu would commemorate Workers’ Day on May 1 by convening “workers’ parliaments in numerous provinces in which workers will extensively discuss the proposed amendments to the labour laws and their implications for the workers”.
Cosatu parliamentary co-ordinator Matthew Parks said: “A code of good practice is exactly that. It is a guide that seeks to explain to employers, in particular small business owners, workers and shop stewards, their rights and obligations.
“Labour laws, like all other laws, are often written in user unfriendly language that the ordinary employee or employer may not have the time or resources to fully understand, let alone to be familiar with relevant case law. A code, in essence a guide, cannot amend the law. All it can seek to do is clarify.”
DA MP and labour analyst Michael Bagraim agreed with Parks, saying the code was agreed on by parties at the National Economic Development and Labour Council.
“The code must be read in line with the Labour Relations Act and the constitution, so they [parties] are not changing the law or the constitution, they are trying to make it easier to understand the code of good practice. They are simplifying it,” Bagraim said.
“What the code is trying to do is send a message to small businesses to employ more people.”
Department of employment & labour spokesperson Teboho Thejane could not immediately be reached for comment.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.