Discuss TWO ways on how to deal with unfair treatment in the workplace.
About this question
Question 2.3 of Life Orientation Grade 12, Provincial Test (Eastern Cape DoE, August 2023). It tests the Term 3 ATP topic Labour Laws and the World of Work.
- TermTerm 3
- ATP topicLabour Laws and the World of Work
- PaperEastern Cape Controlled Test August 2023
- Marks4 marks: 2 points, 2 marks each
Becoming a worker could cause stress, anxiety, and many uncertainties about their roles, do's and don'ts in the workplace.
School leavers entering the labour market should be educated about the importance of understanding the labour laws written in the Constitution of South Africa. These labour laws refer to three main employment acts which aim to provide protection against unfair practices and unfair treatment in the workplace. The Employment Equity Act (EEA), Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA) guide both the employer and the worker about their rights and responsibilities in their place of work.
The labour laws allow trade unions as an association of workers to enter into collective bargaining to negotiate rights and interests in the workplace. This form of organised labour thus aims to improve workers' working conditions.
[Adapted from globalcompliancenews.com]
Two ways to deal with unfair treatment in the workplace are:
- A worker who is treated unfairly can lodge a written grievance with the employer, following the company's grievance procedure, so that the problem can first be solved inside the workplace.
- If the matter is not solved at work, the worker can refer the dispute to the CCMA or a bargaining council, where it goes to conciliation and, if still unresolved, to arbitration.
Other points that earn marks
- Ask the trade union to represent you in meetings with the employer.
- Keep a written record of incidents, dates and witnesses as evidence.
- As a last step, the matter can be taken to the Labour Court with the help of a lawyer.
More Questions On Labour Laws and the World of Work
Two practical ways that could ensure that employers abide by the labour laws in our country are:
- The Department of Labour should employ enough labour inspectors to visit workplaces regularly, because employers are less likely to break labour laws when they know they can be checked at any time.
- Employers should attend regular training on labour laws run by experts, so that they understand the laws properly and know how to apply them.
Shop stewards could represent the underpaid workers in grievances and labour disputes, so that the employer is held accountable for paying below the national minimum wage.
Affirmative action.
Affirmative action is a redress measure under the Employment Equity Act that gives designated groups, who were disadvantaged in the past, fair access to jobs and education.
The relevant Act is the Basic Conditions of Employment Act (BCEA), 75 of 1997.
Two reasons why workers should know the regulations on taking leave are:
- Workers should know the leave regulations so that they understand the rules for submitting medical certificates when they take sick leave.
- They should know how their salary will be affected if they use up all the days allowed for a type of leave.
The committee did not know that Steven had a disability and, once they saw him, they were not prepared to employ a person with a disability, which is unfair discrimination.
True.
The Basic Conditions of Employment Act (BCEA) gives a pregnant employee the right to at least four consecutive months of maternity leave.