Unreasonable demands by your employer – know your rights
When it comes to dismissal because of unreasonable demands by your employer many people run scared. Find out what are your legal rights according to the Labour Relations Act.
MBOMBELA – An employer may not threaten employees with disciplinary action if they do not comply with a demand.
The labor court has considered situations in which employees are threatened with dismissal or are actually dismissed for refusing to accept unilateral amendments to the terms and conditions of their employment contract.
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The question is whether employees can be dismissed for refusing to accept a change to their employment contract.
In a case study, OK Krugersdorp faced financial collapse before its sale as a going concern to the Shoprite group. It began consulting with its workers’ union. An agreement was reached that they would take all reasonable measures to avoid job losses.
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They agreed that ‘flexible work practices’ were a crucial element of this plan and introduced more cost-effective shift patterns, which the employees refused to accept. The workers were retrenched and the court noted that the shift patterns were introduced as an alternative to retrenching the workers.
The court noted that when a reasonable substitute, based on the employers operational requirements are given as an alternative to dismissal and the employees refuse to accept the alternative offer, dismissal will be justified.
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If you are dismissed based on a demand your employer made, you can submit your complaint in writing, within 30 days from date of dismissal to the Commission for Conciliation, Mediation and Arbitration (CCMA).
For further information, you can submit your enquiries to the CCMA Nelspruit regional office, at 25 Samora Machel Drive, Sanlam Centre Building, Seventh Floor, Nelspruit, with contact number: 013-752-2155.
