EMPLOYMENT LAW
Interfering In Domestic Employment Matters By The EFF : The Labour Court Responds By Rod Harper: Partner and Head: Employment Law, Benefits, Industrial Relations & Discrimination, CHM Legal
INTRODUCTION
employment matters and the employer should decline to both discuss the issue with the political party and should not give it access to its premises.
A
s an employer could you imagine a scenario where, following a decision to dismiss an employee for serious misconduct, a political party such as the Republican or Democratic Parties of the USA or the Conservative or Labour parties of the UK, on behalf of the employee, contacts the employer and demands that it be given an audience by the employer to discuss the dismissal and simply ignores the dispute resolution processes set out in the Labour Relations Act (“the LRA”). You would probably answer that such a demand would be impossible, ludicrous, inappropriate, in breach of the LRA and so on. You would say that it is not the role of a political party to interfere in domestic
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SEIFSA NEWS
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JANUARY / FEBRUARY 2022
In South Africa some employees have complained to political parties about their problems at the workplace and about the poor quality of service provided by certain Unions. The Economic Freedom Fighters (“the EFF”) in response to this perceived vacuum at the workplace and because it does not have a significant relationship with a Union saw an opportunity and on occasions has elected to take over Union functions. The EFF accordingly set up a labour desk and sought to engage with employers. As a consequence of there being fundamental flaws in the Labour Relations Act,
