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LABOUR LAW OFFERED BY SAMATU



Labour Law Advice

SAMATU offers telephonic, email and face to face labour law advice to members.

Representation

Members are assisted with representation when lodging a grievance and during the grievance process. Members are also represented during grievance meetings/hearings. Wherein grievances are not resolved internally or within 30 days or when they are finalised but the member is not satisfied with the outcome, SAMATU assist members with referrals to the Public Service Commission (PSC) the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC), Public Service Coordinating Bargaining Council (PSCBC) and Commission for Conciliation, Mediation Arbitration (CCMA) depending on the jurisdiction of the issue in dispute.

Disciplinary Processes

There is an informal and formal disciplinary process. Informal process is also referred to as progressive discipline. Employees are disciplined informally when they have committed less serious misconducts. As SAMATU, we advise members on the process to follow when informal disciplinary process is implemented, the disciplinary code does not allow representatives during these processes.

Formal Discipline

Investigation is conducted, and members may be precautionarily transferred or suspended whilst the allegations are been investigated. The Appointed investigator would write a report and indicate if there are grounds to charge the employee or not. Should the member be subjected to a disciplinary hearing, SAMATU will represent the member during the disciplinary hearing.

Appeal

After the disciplinary processes has been instituted against an employee, the next step would be to appeal the disciplinary action taken. This is done within 5 working days to the executing authority. Whilst the appeal is being attended to, the decision of the hearing cannot be implemented

Dispute Resolution Process

Is a process to resolve conflict or impasse between the parties. It can take the form of Conciliation, Mediation, or Arbitration. SAMATU refers disputes on behalf of members to the Bargaining councils or CCMA depending on the jurisdictions. The issue in dispute and the outcome always determines the jurisdiction.

Labour Court – Constitutional Court

These are processes undertaken by SAMATU on behalf of members with the assistance of external legal advisors.

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