Labour law does not place a statutory requirement on employers to pay bonuses of any sort, therefore, any payment of bonuses are also not regulated by labour legislation, but rather by contract, policy, or the establishment of practice. In the case of SAPU obo Louw vs SAPS (2005, 1 BALR 22) the arbitrator found that failure to pay the employee a merit award did fall within the definition of an unfair practice. If you believe that you are a victim of unfair labour practice or if you, as an employer, have been accused of unfair labour practice, seek legal and expert guidance on the matter. Employees could also choose to identify the underpayment or non-payment of their salary as an unfair labour practice relating to the provision of a benefit and refer a dispute to the CCMA in this regard. The employees' case was that they were the victims of an unfair labour practice and that, as a matter of law, they were entitled to salary increases. Anyone who engages in conduct prohibited by the Code is said to have committed an unfair labour practice. Employers need a vigorous platform to assist them in a meaningful way. 3. a contractual claim The employer is not committing a single and separate unfair labour practice each and every time an employee is either overpaid or underpaid but these payments are merely facts by way of which the existence of such continuous unfair discriminatory practice is indicated.” Employees can also claim an unpaid salary via the Small Claims Court provided the outstanding salary does not exceed R15 000. [14] It is trite that . Any employees retrenched or dismissed under BR follow the normal Labour Practice procedures, ie, the dismissal must be fair and procedurally fair, etc. Below, we try to clear up some of common misconceptions about unfair vs. illegal workplace conditions and practices. In considering whether the non-payment of the salary increase constituted an unfair labour practice, the court held that payment of the salary increase had to be a ‘benefit’ for the purposes of s 186(2) of the Labour Relations Act 66 of 1995 (LRA). var google_custom_params = window.google_tag_params; The matter becomes a little more complicated by Section 65(1)(c) of the LRA which states the following: “LIMITATION ON THE RIGHT TO STRIKE OR RECOURSE TO LOCK-OUT; 1) No person may take part in a strike or a lock-out or any conduct in contemplation or furtherance of a strike or a lock-out if-, c) the issue in dispute is one that a party has a right to refer to arbitration or the Labour Court in terms of this Act or any other employment law.”. FACTS In the matter of National Tertiary Education Union obo Mahomana and Another v University of Fort Hare [2019] 10 BALR 1102 (CCMA) the Commission for Conciliation, Mediation and Arbitration (“ … He ordered the company to pay each of them compensation equivalent to one month‟s wages. In Gayland v Telkom SA Ltd (1998) 19 ILJ 1624 LC (at22): “If the term ‘benefit’ is so generously interpreted so as to include any advantage or right in terms of the employment contract, even wages, item 2 (1) (b) would all but preclude strikes and lock-outs. LR2 6/3/377 |. Does non-payment of salary increase constitute Unfair Labour Practice? Hyderabad: Nurses of the Nizam’s Institute of Medical Sciences on Tuesday staged a protest over unfair labour practices by authorities.Alleging harassment and non-payment … This was a "dispute of rights". This was not what the legislature had in mind. on Can a Wage Dispute be referred to the CCMA as an Unfair Labour Practice? Ultimately, and on 10 April 2015, pursuant to this grievance, the first respondent gave written reasons for refusing to pay her performance bonus. Found that employees’ suspension without pay constituted an unfair labour practice, and Ordered the employer to pay to the employees the withheld remuneration. Unexpected Addition to the Food Industry Menu. In his opening address at the arbitration proceedings, Mr Mathibe, representing Mahlase, had submitted that what was being challenged was the non-appointment of the latter on the grounds of it being procedurally and substantively unfair3. In considering whether the non-payment of the salary increase constituted an unfair labour practice, the court held that payment of the salary increase had to be a ‘benefit’ for the purposes of s 186 (2) of the Labour Relations Act 66 of 1995 (LRA). Non-payment of salary - what recourse to employee To all the Labour Law guru's out there: An employer only paid half of previous month's salary to the relevant employee, with a promise of the rest to follow "as soon as [some other contract's] money comes in". unfair labour practice dispute. as an unfair labour practice dispute to the CCMA, in terms of Section 186(2)(a) of the LRA. The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay. Discrimination can occur due to sex or race, which are both prohibited under federal law. the onus to establish existence of a decision that constitutes an unfair labour practice as provided in . A claim for an increase, so the court found, did not fall within the ambit of a ‘benefit’. Information is relevant to the date of publishing – February 2018. 2. alleging an unfair labour practice. In particular, it was recorded as follows: It is thus important to make a clear distinction between benefits, which, may derive from a pre-existing and an interest which the employee may want to assert. was an unfair labour practice. According to the Act, the wages can be calculated on a monthly, weekly, daily, or hourly basis and payment must be done within seven days after the specific wage period has been completed. No. [14] It is trite that . ... but last due to non payment of salary i left my off and started seeking job and after one month i got the job. The payment must be done in South African rand. To this end, we briefly discuss some instances of unfair labour practice. This is despite the decision of another arbitrator made at the same forum a little earlier that payments of merit awards do not fall into the definition of unfair labour practices. relating to the provision of benefits to an employee.”. Equity Regulations, 2014 came into effect and subsequently, the Minister of Labour, Mildred Nelisiwe Oliphant, published the Draft Code of Good Practice on Equal Pay for … It follows that if a dispute may be referred to Arbitration (as a benefit dispute), then an employee may not strike over that dispute in terms of S65(1)(c). Factual background [3] The Applicant, Mr Abraham Smith (the employee) is employed by the Third Respondent (the Department) as a customer care officer at Vredenburg District. He was appointed in the said position in 2007 at salary level 7. The court thus held that benefits can include remuneration. It is thus envisaged that almost all disputes between an employer and employees which relate to remuneration in terms of Section 186(2)(a) of the LRA will be able to be referred to the CCMA for arbitration. first period amounted to an unfair labour practice in terms of section 186 (2) of the Labour Relations Act, 66 of 1995 ('the LRA'). Call us at 011 234 2125 for labour law assistance. The fundamental question which must be answered is “what constitutes a ‘benefit’ as contemplated in S186(2)(a) of the LRA? Monday - Friday: 8:00 am - 17:00 pm, /*