![]() ![]() 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. Thus, managers do have the right to discipline shop stewards but this must be done for good reasons and in a fair manner. Thus, where a shop steward, during a legitimate strike, starts destroying property he cannot simply hide behind his shop steward mantle in order to avoid discipline or criminal prosecution. Furthermore, even where the shop steward is carrying out union activities, the individual is still obliged to do so honestly and within the law. However, being a shop steward does not give the employee the right to behave however they like at any given time. While the employee is not acting in their shop steward capacity they can be treated just like any other employee. Such discipline could be seen as unfair and could, in addition, breach the provisions of sections 5 and/or 187 of the LRA if they are found to constitute victimisation of the employee due to his/her union activities. Therefore, the shop steward could not be disciplined for misconduct due to this incident. The courts have found, for example that where a shop steward who is engaged in negotiations on behalf of union members tells management that they are crazy, this would be seen not as an employee being insubordinate or insulting to management but rather as one negotiator speaking to another on an equal level. Where an employee who is acting in his/her capacity as a shop steward behaves in an objectionable manner, the individual cannot be treated simply as an employee. 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.The Labour Relations Act (LRA) officially refers to shop stewards as “trade union representatives”. Section 14 of the LRA gives these representatives (shop stewards) a number of special rights, such as the right to: ![]() The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |