Contact No: 072 539 7287 Bongelihle Employment Relations Agency
E Mail: 27 Linze Road
CK No: 2009 / 169970 / 23 Umngeni Road
Fourth Floor Durban
4001
11 June 2012
The Chairperson
Labour Portfolio Committee
3rd Floor 90 Plein Street
Cape Town
8001
Dear Sir
RE: RECOMMENDATIONS ON AMENDMENT OF LRA 65 OF 1995
1. It is an honour to be hereby permitted to voice out our recommendations wrt to the LRA as per an advert in Isolezwe page 5 dated 5 June 2012.
2. My biggest is concern is the exclusion of independent qualified registered consultants to represent employees in dispute resolution processes whereby not all bargaining councils, labour department offices and CCMA offices are close to employees and provide proper guidance to employees who have been dismissed or has experience unfair labour practices the employees can access easily but during the process of conciliation and arbitration only officials of registered trade unions which in some cases they don’t even have a clue what is happening with legislations to provide proper guidance to employees.
3. Bearing in mind not all employees in the work place belong to the trade unions and you find that they are unfairly treated but they have no where to obtain assistance with these irregularities or grievances, Yes you would say the employees in the structures of the Government are suppose to look after or assist such employees but they don’t because of long queues, fatigue and most of the employees in the country are illiterate so they need a special care or a person whom they may trust, believe in him or her to see them through the dispute processes.
4. Some other employees have bad experiences by letting down by trade union’s representative. As far as I know now there is an association for mediators and arbitrator in industrial relations (IRASA) why can’t be a clause in the LRA that may permit only registered and qualified consultants represent employees in the dispute resolution process because they may also contribute or form part as an alternative in dispute resolution not to limit their potential in the business world.
5. South Africans need us all to make it a better country other than restricting its young enthusiastic people an opportunity to utilize their knowledge which they have acquired in Universities forcing them to work under the banner of trade unions or left with the option to look for work in government institutions, when are they going to be noticed and provide their inputs without obligated into trade unions or government institutions or structures.
6. These are the experiences we face each and every day it does not open the doors for crooks to rob poor South Africans but it is a serious concern which the Act disregard or disadvantage those people who are far from the government sectors established to provide guidance, advise and representation especially in the rural areas.
7. One more issue we are so concern also of managers of companies that accepts bribes before hiring fellow poor South African to get a job especially in the cleaning industry and security sector. We need a special office that may deal
severely or adjudicate individuals who are found committing such actions
8. Your assistance with this regard will be highly appreciated.
Yours Faithfully
B.T. Mthethwa (Mr)
BERA Employment Relations Specialist