Dismissal of Employee

Assignment 1 - Labour relations -Dismissal of Employee

From assignment:

Me - Employee relations Manager back into office from BARGAINING COUNCIL concillation (not CCMA?) - unfair labour practice when my senior manager called me and sarcastically say there is another "unfair labour practice" told to deal with it.

EMPLOYEE -

What happened 5 weeks(35days) ago:

On lunch break

EMPLOYER -

negotiation between employer and trade union reached a deadlock

TRADE UNION -

negotiation between employer and trade union reached a deadlock

Assignment

NOTE: It is important to write on all the relevant issues in the assignment

Write a report in which you

1. Explain what the: - a) employer b) Trade Union c) employees should do under these circumstances

2. Explain how the incident should be dealt with

3. Explain the consequences of the parties intended actions

4. Explain and give reasons that are well substantiated for what you recommend.

Issues

1 Dismissal

2 Strike because of dismissal

3 Misconduct of employee during lunch hour

4 Employer dismissal

Discuss :

a) dismissal,

b) CCMA

c) Procedure of protective strike

d) Pay during strike

e) Hire of people

Expand on answer, why, argue, could he be dismiss, why, why not? Why they can not go on strike, when can they go out on strike, manager call in and let go was this fair etc

www.labour.gov.za

www.ccma.org.za

www.tokiso.com

www.ilo.org

www.nedlac.org.za

Questions

1. Why go union to CCMA if there is a Bargaining council?

Mobilising People Assignment 1

Facts

1. Negotiation between employer and trade union reached a deadlock. Union challenge management decision to dismiss one of its members

2. Employee caught red-handed stealing at supermarket during lunch hour 5 weeks ago

3. GM heard of it 3 days ago called employee and explain he unhappy with employee behaviour. He was fired for bringing the organisation's name into disrepute.(no disciplinary case verbal fire)

4. Go to pay clerk where pay packet will be ready with 4 week's notice pay - leave immediately

5. Union challenged management on the unfairness of dismissal

6. Union argue: 1. Employee not in uniform therefore could not be identified. 2 Happen in lunch break which is not part of working hours thus not employee during lunch break. 3 they are of opion that employer has no jurisdiction to discipline or even to dismiss employee for something happened off company premises outside of working hours.

7. Union inform that they will apply to CCMA for unfair dismissal and if employer don't reinstate after 1st meeting with CCMA they give employer 7 day's notice and go on strike - protected strike and will continue to strike till employee is reinstated.

8. Union remind employer because protective strike - employees should be paid for striking time and employer will not be allowed to hire "scab" labour

9. Manager view: employees that are not striking would be instructed to do the work of those on strike and if they don't agree they will be dismissed.

Write report explain what 1 employer 2 trade union 3 employees should do

Explain the consequences of the parties intended actions

Explain and give reasons that are well substantiated for what you recommend.

Use headings and sub headings

Issues

1 Dismissal

2 Strike because of dismissal

3 Misconduct of employee during lunch hour

4 Employer dismissal

Discuss :

a) dismissal,

b) CCMA

c) Procedure of protective strike

d) Pay during strike

e) Hire of people

Expand on answer,why,argue,could he be dismiss,why, why not? Why they can not go on strike, when can they go out on strike, manager call in and let go was this fair etc

www.labour.gov.za

www.ccma.org.za

www.tokiso.com

www.ilo.org

www.nedlac.org.za

Deadlock = a situation in which no progress can be made or no advancement is possible; "reached an impasse