The Labour Relations Act (LRA) provides protection for employees against unfair dismissal and unfair labour practices, and further supplies guidelines in codes of practice.
According to this Act, employers needto provide due notice and valid reasoning to terminate an employee's contract, and a severance pay is required for employees with more than six months of continuous service with the same employer or organisation.
Recently, the Commission for Conciliation, Mediation and Arbitration (CCMA) has published amendments to the rules for proceedings and LRA forms were also published as a result of these amendments.
Labour Specialist, Magate Phala revealed:
These changes are beneficial in personal information being protected and this will ensure compliance.
According to the LRA Rule 1A, the regulation of how personal information is being processed and handled will conform to the provisions of the Protection of Personal Information Act (POPI Act).
Regarding personal information, in the Act it has been outlined that when a party serves or files documents on the Commission or on the other party, they must be responsible for complying with their respective obligations under the application Data Protection legislation, including the POPIA Act, when processing information.
This includes taking appropriate technical and organisational measures and implementing security safeguards to prevent unauthorised or unlawful processing of personal information and/or data, as well as processing it only in accordance with the party's instructions or as required by law.
The changes to the labour laws will also come in handy for matters brought for re-enrolled, clarity for postponement of an arbitration, and also the provide clarity on the payment of an arbitration fee in the case of an employee’s dismal being procedurally unfair, explained Phala.
The CCMA rules and LRA forms can be accessed and downloaded free of charge online, and the Commission has also reiterated that it will continue to prohibit unfair treatment and discrimination in the workplace.
What Role Does The POPIA Act Play In The Workplace?
The Act protects personal information from employers who may use it for commercial gain or discriminate against employees based on their race, gender, or other protected characteristics. Non-compliance with POPIA can result in heavy fines and reputational damage.
