I've been chewing over where labour relations have gone wrong in SA. Not so much on the "pay levels" front but on "the rules of engagement."
The LRA was supposed to ensure the rules of engagement were fair and equitable to employer and employee - to ensure a reasonable balance in negotiating power.
So the employee was given the right to strike, and the employer the right to lock out. The theory was this was fairly balanced. (I happen to disagree that it's fairly balanced, but that's not where I'm headed in this line of thought).
What we are seeing though is more than strike action (essentially the right to withhold one's work) as a negotiation tool by employees.
We are seeing the carrying of weapons.
We are seeing the intimidation of others who want to carry on with their lives.
We are seeing the destruction of property.
We are seeing the assault, and even murder, of people.
It's unlawful, but it continues because there has been no consequence to the offenders. And in fact it has been escalating.
Quite simply, there has to be consequence to bring back some reasonable semblance of balance to the equation.
And my thought was - let's introduce grounds for automatic, mandatory dismissal into the LRA. Either in the Act istself or in the regulations.
The full details would have to be carefully framed. The offences that could invoke this would have to be clearly defined. And I should think part of the balancing act would involve a "you may apply for the job vacancy you have created" step.
Yes, it's drastic. But we've got a severe problem to resolve. And right now I suspect the only way we will solve it is if there is clear, automatic and mandatory consequence for this sort of unlawful conduct.
The LRA was supposed to ensure the rules of engagement were fair and equitable to employer and employee - to ensure a reasonable balance in negotiating power.
So the employee was given the right to strike, and the employer the right to lock out. The theory was this was fairly balanced. (I happen to disagree that it's fairly balanced, but that's not where I'm headed in this line of thought).
What we are seeing though is more than strike action (essentially the right to withhold one's work) as a negotiation tool by employees.
We are seeing the carrying of weapons.
We are seeing the intimidation of others who want to carry on with their lives.
We are seeing the destruction of property.
We are seeing the assault, and even murder, of people.
It's unlawful, but it continues because there has been no consequence to the offenders. And in fact it has been escalating.
Quite simply, there has to be consequence to bring back some reasonable semblance of balance to the equation.
And my thought was - let's introduce grounds for automatic, mandatory dismissal into the LRA. Either in the Act istself or in the regulations.
The full details would have to be carefully framed. The offences that could invoke this would have to be clearly defined. And I should think part of the balancing act would involve a "you may apply for the job vacancy you have created" step.
Yes, it's drastic. But we've got a severe problem to resolve. And right now I suspect the only way we will solve it is if there is clear, automatic and mandatory consequence for this sort of unlawful conduct.
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