HOME      ABOUT US      OUR CORNERSTONE      READ US      CONTACT US

Tel: 011 646 4558 | Cell: 083 928 9484 | attorney@moni.co.za

Be cautious when representing a fellow colleague during a disciplinary enquiry or negotiation. In BIFAWU & Another v Mutual & Federal Insurance Co Ltd the Labour Appeal Court held the following:

“An employee, even when s/he is representing a fellow employee at a disciplinary enquiry or arbitration hearing, owes certain duties to an employer such as honesty. … After all, when an employee represents a fellow employee, s/he does so precisely in that capacity of being a fellow employee. The fellowship does not modify the employment relationship between the employer and the representing employee.
… the right and duty to represent a fellow employee to the best of one’s ability is not an unbridled license; it is constrained by the duty to do so honestly and with integrity. Without honesty on the part of the representatives of the parties, the system would be unviable.”

Emerging from the above is the fact that an employee cannot be victimised if he represents a colleague effectively, with integrity and honesty as there is an obligation to the employer to conduct oneself in a responsible manner.

Should one engage in disorderly or disrespectful conduct, discipline can be meted out effectively. The test is whether a representative’s conduct can be said to fall within the realms of fair and acceptable bargaining conduct and whether it can be said to be reasonably related to the required performance.


Download (pdf file)
Back



Contact Us

Return to top

Your Labour Law specialist - Experience Empowerment ©

Twitter Linked In Facebook

Home    About Us    Read Us    Contact Us

PAIA Manual | BEE Verification | Copyright © 2009 - 2017 Moni Attorneys Incorporated & OJB Web Development | Photo credits: Gerry Pelser, iStock

Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.