SOLUTIONS
Rio Nolutshungu
EMPLOYEE CONDUCT
SOLUTIONS FOR MUNICIPALITIES The outcomes of the South African Local Government Association’s fourth annual local government labour law seminar held earlier this year. By Itumeleng Mogaki
T
he theme for this year’s labour law seminar, “Sustaining an Effective Municipal Labour Relations System Beyond The COVID-19 Pandemic” was intended to keep relevant municipal delegates abreast of important and topical developments in labour relations. Attended by approximately 600 delegates that connected virtually, while the organisers and some speakers attended physically, the seminar was hosted across various disciplines within the municipal capabilities and governance cluster. SALGA’s senior manager of collective bargaining and labour relations, Zwelandile Ndlala, says the seminar created a platform for thought leadership engagement, networking, and sharing of best practices.
IMAGES: SUPPLIED
CHALLENGES The most common challenge had to do with municipalities encountering employee behavioural conduct during the pandemic state of emergency. “The pandemic brought new ways of doing work, which created a lot of contradiction on how employees conduct themselves,” says Ndlala. “The area of attendance, for example, was particularly problematic. You
ISSUE 38
SALGA39_Labour Law_.indd 55
Ndlala went on to say: “Bearing in mind that the different municipalities have their unique challenges, delegates were able to find solutions because they were talking to people who might have gone through the same kind of experiences. “Apart from collective bargaining-related topics, most of our topics revolved around COVID-19, and it was our duty to provide clear guidance on how municipalities should react to such conditions. “You would expect municipalities to change gears on how they deliver services. When COVID-19 hit, we never had the opportunity to prepare accordingly; we just had to go with the changes.” On the issue of employees refusing to get vaccinated, Ndlala says delegates that partook in the seminar left knowing what to do when faced with that challenge. “Municipalities were advised to develop a state of emergency policy and to run that policy through various channels within the organisation, including the legal department. “With the issue of comorbidities, the labour relations act is clear that you can terminate the services of an employee on three grounds – misconduct; operational reasons, for example, the employer is restructuring; or failure to perform,” he explains. Absenteeism and other employee work conduct matters that were of concern should no longer be an issue for municipalities as the seminar’s law experts had answered all those concerns.
THE BULLETIN
SALGA IN ACTION | LABOUR LAW
then ask how you begin to manage your workforce with regards to adherence to those acceptable work rules.” Another challenge related to the right of an employee to refuse to vaccinate. “At the very beginning of the outbreak, people were told they were under no obligation to have the TAKE AWAYS vaccination. Now, “We now have a solution for when you are running employees who refuse to vaccinate. an organisation The municipality would have to that services people enforce the policy to make sure directly and you have people vaccinate,” says Ndlala. Zwelandile Ndlala a group of people that “Equally, people with comorbidities don’t want to subject who don’t want to take preventative measures to ensure that their level of themselves to vaccination because the law is on their side, risk exposure is minimised must now know what do you do then?” he asks. what the consequences will be.” Ndlala also mentions the issue of In conclusion, Ndlala says: “We evaluated people with comorbidities. many of the recent court decisions. That kind of “An employee with comorbidities refusing jurisprudence helps municipalities respond to to report to work because they feel strongly some of the issues that normally emerge, and the that regulations are on their side, leaves the municipality has no clue how to deal with that employer with only one option – to decide kind of scenario. on the continuity of employability of that “We, therefore, implore municipalities to person,” he explains. attend these seminars that are designed so they The above resulted in a variety of decided can receive help from the experts we enlist to cases heard at CCMA and labour court level. supply professional advice.” ▪
VOICE OF LOCAL GOVERNMENT
55
2022/06/30 4:27 PM
