Non Compliance With Collective Agreement

The Foreigners Act provides that a foreign national who has been offered a job in Sweden can obtain a temporary work permit as long as the job allows the worker to support himself or herself. The law also stipulates that the conditions of employment in terms of wages and insurance and other conditions of employment must not be worse than those provided for by Swedish collective agreements or by those which are customary for the profession or sector concerned. Section 33 of the Labour Relations Act provides for the appointment of designated agents to a bargaining council to promote, control and enforce collective agreements within that board. As a result, the Legal Director and the Compliance Inspector, along with some other Council staff, were appointed by the Ministry of Labour to perform these tasks. The application of collective agreements by this bargaining council is, like any other section, subject to Section 33A of the Labour Relations Act. The decisions of SAMWU and April Elizabeth Homes were mentioned and enforced by the bargaining board of the South African Public Utilities Association against COGTA [2008] 3 BALR 253. In this case, the employer delayed disciplinary action against an employee for more than 381 days from the date the worker was informed of the allegations of misconduct. This delay indicated, regardless of the provisions of the collective agreement, that disciplinary action must be taken within ten working days from the date of notification of the worker`s fees. The worker referred a dispute to the Bargaining Board, in which he stated that the employer had waived its right to discipline against him because he could not initiate disciplinary proceedings within 10 days of the agreement. An example is a worker who sleeps on duty while still on parole, and the employer decides to dismiss the worker for misconduct without complying with a procedure.

Therefore, when an employee is reprimanded for misconduct, he or she must be treated as a permanent employee. Labour law and worker`s rights continue to apply to a parolee employee. One of the council`s tasks is to enforce its collective agreements. To this end, a legal and compliance department has been established and currently consists of a legal and compliance officer and a compliance inspector. The Secretary of the Council may choose to refer the matter to arbitration and take other measures deemed appropriate. If the arbitrator finds that a party has violated one of the provisions of the Board`s collective agreement that binds that party, the arbitrator may impose a fine in addition to any other appropriate order. Such an award can be taken by the labour tribunal. Employers who have rigid and over-regulated disciplinary procedures that are part of a collective agreement or workers` terms of employment run the risk that failure to comply with these procedures could have serious consequences, including inconsistent or ineffective disciplinary hearings and/or the finding that they have waived their right to discipline for workers.