Pretoria – The Public Servants Association (PSA) on Friday said it was alarmed by the refusal by Hoërskool Oos-Moot in Pretoria to allow an employee to be represented by a union official in a disciplinary hearing.
The PSA said the move was an infringement on the employee’s constitutional rights to a fair hearing and just administration.
However, the school insists that union representation is not allowed in this case because “collective agreements” do not apply to employees appointed by the School Governing Body (SGB).
On Friday, the PSA said it has the right to represent the Unions members in any individual matter in terms of the Labour Relations Act (LRA).
“In terms of the LRA, all employees have the right to join a trade union of their choice and to be represented by that trade union in workplace-related matters,” the PSA said.
“This fundamental right ensures that employees are afforded fair and equitable treatment and guarantees that their voice is heard in decision-making processes that affect their employment.
“Hoërskool Oos-Moots refusal to allow the PSA to represent the employee undermines the principles of fairness, transparency, and constitutional rights as enshrined in South African labour legislation.”
PSA said by denying the employee the opportunity to be assisted by a trade union representative, the School was not only violating employees rights but also setting a troubling precedent for the treatment of employees.
“The PSA condemns Hoërskool Oos-Moots actions and urges it to recognise the employee’s entitlement to representation and right to a fair hearing,” said the union.
“The PSA is ready to provide the necessary support and guidance to ensure that the employee’s rights are upheld and protected.
“The PSA furthermore calls on the relevant authorities, including the Department of Employment and Labour and other oversight bodies, to investigate this matter thoroughly and intervene, if necessary. “
The PSA said it was essential that employers across South Africa adhere to the principles and regulations outlined in the LRA, respecting the rights of employees, and enabling a just and equitable working environment.
The PSA said it remains committed to advocating for the rights of workers and will take all necessary steps to ensure that employees are treated fairly, without prejudice, and under the law.
