I am sure that many chairpersons and employers will agree; it is a common cause that the EFF nowadays makes their appearances at workplaces concerning labour-related issues. These include the demand to represent employees at disciplinary hearings and further issuing demands to employers of such workplaces. When employers do not meet demands, it often leads to unsolicited and disruptive activities such as unprotected strikes.
The question then arises “Does the EFF have the right to act in a representative role?”
Despite the EFF’s scaring tactics and incitement, frequently used in these cases, the matter is not as complicated as one would think.
Section 200 of the Labour Relations Act states:
Representation of employees or employers:
- A registered trade union or registered employers’ organisation may act in any one or more of the following capacities in any dispute to which any of its members is a party-
- in
its own interest;
- on behalf of any of its members;
- in the interest of any of its members.
- A registered trade union or a registered employers’ organisation is entitled to be a party to any proceedings in terms of this Act if one or more of its members is a party to those proceedings.
Further to the above does Schedule 8 – Code of Good Practice of the Labour Relations Act state the following in regards to representation at disciplinary hearings:
“The employee should be entitled to a reasonable time to prepare the response and to the assistance of a trade union representative or fellow employee.”
From the above, it is clear that the Labour Relations Act only refers to the fact that Registered Trade Unions are allowed to act on behalf of its members and/or to represent members in disciplinary hearings.
Nowhere does the LRA and the Codes of Good Practice makes any mention of the EFF and/ or any other political party having the right to act in a representative role in the workplace. The only representatives with the automatic right to act in a representative role are a registered trade union and/ or a co-employee. Therefore, it is the writer’s opinion that political parties do not have the right to act in a representative role in the workplace and should, therefore, not be entertained by employers.
A Labour Court Ruling also confirmed the opinion above. In Calgan Lounge (Pty) Ltd and others v EFF and others J2648/18 LC, the EFF also made certain demands on behalf of the employees. The judge held that the simple answer was that the EFF had no business that involved itself in workplace-related matters. It was further held that there is no place for the involvement of political parties in the employment relationship and that the workplace should be free of these kinds of political influences.
Therefore, the EFF as a political party has no legal right to represent employees in Labour Related matters.
Should you require further information or assistance regarding representatives in the workplace, contact your nearest SEESA office, alternatively leave your contact details on SEESA’s website.
References:
Labour Relations Act No. 66 of 1995 as amended
Calgan Lounge (Pty) Ltd and others v EFF and others J2648/18 LC
About The Author:
Alicia Oberholzer started her career at SEESA in 2018 and is currently a Labour and BEE Legal Advisor at SEESA’s Aliwal North Branch. Alicia obtained her LLB Degree in 2016 at the University of the Free State and was admitted as an attorney in the Free State High Court in 2018.