The CCMA found that the shop steward had justifiably been found guilty of serious misconduct meriting dismissal. The question is how differently must we treat shop stewards? In Dunn vs Telkom SA (2003, 11 BALR 261) a shop steward was dismissed for insubordination. It is thus clear that the law sees shop stewards in a different light to other employees.
#Shop steward code#
Item 4(2) of the LRA’s Code Of Good Practice: Dismissal Code states that discipline against a shop steward should not be instituted before the employer has first consulted with the trade union. Ignoring the legal procedures is extremely dangerous when disciplining any employee, but to do so in the case of a shop steward can cause irreparable damage. Managers do have the right to discipline shop stewards but this must be done for fair reasons and in a fair manner. Be empowered to keep control of the workforce regardless of the presence of shop stewards.
#Shop steward how to#
Know when and how to take legitimate action against shop stewards who exceed their powers.
Learn to keep their tempers and act rationally in the face of pressure.
#Shop steward full#
Be given a full understanding of what the shop stewards’ rights are and where those rights are limited.Instead of becoming negative towards shop stewards, managers, supervisors and foremen need to: Such an approach is clearly counter productive because it is very likely to cause industrial action. Such managers then tend to see shop stewards as their enemies and plot to get even with or get rid of the shop stewards. They may see shop stewards as invaders trying to ruin or take control of the business. Where a manager is aware of the risk of losing the contract due to union action he/she may become nervous and over react towards shop stewards. Take reasonable time off with pay during working hours in order to perform these duties.Monitor and report any of the employer’s contraventions of the law to the appropriate authorities.Assist employees in disciplinary and grievance hearings.Section 14 of the (LRA) gives shop stewards a number of special rights such as the right to: The Labour Relations Act (LRA) gives employees the right, under certain circumstances, to elect union representatives (shop stewards) from amongst themselves. Just as often employers lose out because they fail to accord to unions rights that have been conferred by law. This is especially so of employers who also know the limits of union rights because such employers will not be prone to allowing unions and unionised employees to do whatever they wish.ĭue to their uncertainty as to where the rights of unions start and end many employers lose out because they unnecessarily give to unions rights that they are not legally required to give them. However, employers who understand the rights of trade unions, union officials, union office bearers and union members are most likely to be able to deal with trade unions successfully. In view of the above trade unionism can mean problems for any employer. This is not only because of the high proportion of unionised employees and because of the extremely strong legislation supporting unionisation but also because of the political alliance between the biggest union confederation and the ruling party. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: trade union movement in South Africa is extremely powerful.
Don’t underestimate the power of trade unionsīY lvan lsraelstam, Chief Executive of Labour Law Management Consulting.
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