Section 200 of the Labour Relations Act states that a registered trade union or registered employers’ organisation may act as representatives to employees in workplace disputes.
In Calgan Lounge v EFF & Others (J2648/18), handed down in the Labour Court, the EFF’s role in workplace issues was considered. A political party cannot derive powers to interfere in the workplace from the Constitution, as the rights in the Constitution are given effect to in the LRA, specifically designated to deal with workplace disputes and grievances. Trade unions are registered and regulated under the LRA to fulfil that role. When a political party interferes in the workplace, it bypasses all the regulations with which a trade union must comply and undermines the LRA’s orderly collective bargaining and dispute resolution procedures. The workplace should be free of political influences.
In Gordon Road Spar v EFF (J605/21), the Labour Court found that the EFF is not a registered trade union and thus has no authority to get involved in workplace disputes.
Only a registered trade union or a registered employers’ organisation is entitled to be a party to workplace proceedings. A political party does not have that legal capacity, and the courts view their interference in workplace disputes as unlawful.
To find out how SEESA can help your business visit our website at:
#TeamSEESA