CWAO IN THE NEWS

For interviews:
John Appolis, Casual Workers’ Advice Office - 071 576 9930
Patrick Mlaba, Orange Farm Human Rights Advice Centre - 073 377 9249
Nandi Vanqa-Mgijima, Southern African Regional Network - 065 848 3196

The 30 organisations listed at the end of this press statement have filed a joint submission to the Department of Employment and Labour and Parliamentary Committee on Employment and Labour calling for the new Draft Code of Good Practice on Dismissal to be scrapped, and public hearings held with affected workers. (You can download the submission here: https://www.cwao.org.za/news-article.asp?ID=556).

Workers won the rights that are contained in the current Code of Good Practice through struggle in the 1970s/80s. At that time the foreman or managers could fire workers for any small reason and get away with it. Workers challenged this arbitrary power of managers and forced the Apartheid Regime to grant workers the right to a formal hearing before dismissal. Workers will never agree to go back to the days of Apartheid now!

On 5 April, the organisations are attending a Workers Parliament in Johannesburg at 10am convened by SAFTU to Scrap the Labour Law Amendments and Reject the Draft Code of Good Practice on Dismissal.

Our key objections to the new Draft Code of Good Practice on Dismissal are:

1. The Draft Code is pro-employer and does away with the rights for workers to take part in disciplinary hearings before they are dismissed. This means it re-introduces Apartheid practices where bosses could fire workers at will. We view the proposed changes as a major assault on the rights of workers that further consolidates and strengthens the power and control of capital over labour. In essence, these proposed amendments allow for greater labour flexibility and give the capitalist class almost unrestricted freedom and power to hire and fire workers, especially new workers and the “precariat”.
2. The Draft Code is a product of secret negotiations in National Economic and Labour Council (NEDLAC) between April 2022 and October 2024 – a total of 28 meetings which completely excluded union members, the shop stewards, paralegal advice offices and union officials. The negotiations were held between a tiny team of representatives from the NEDLAC constituencies who failed to take mandates from the working class, as well as technocrats and lawyers who have no elected positions in workers’ organisations. Only those labour organisations that represent a tiny 23% of the workforce were allowed to give an input. Thus, public participation has not happened at all.
3. Organisations that represent millions of domestic workers, farm workers labour broker workers, seasonal workers, short-term contract workers – in short, the “precariat” – were excluded from the talks.
4. By doing away with legally procedural disciplinary hearings, and introducing an informal “conversation” or “dialogue” between boss and worker instead with the boss having sole discretion over whether they then fire the worker or not, the new Draft Code limits the legal space that workers have to oppose unfair dismissals, eliminating decades of struggle before 1994 by workers and unions.
5. The new Draft Code also allows employers to fire workers who are incapacitated through injury on the job, which will lead to thousands of dismissals of workers who are highly vulnerable through no fault of their own.
6. The Draft Code also gives bosses the opportunity to fire any worker they feel is “unsuitable” while the worker is on probation. Currently, a worker on probation can only be fired if they cannot do the job.
7. The new Draft Code also does not allow for workers on probation to be represented by unions if the boss decides to dismiss the employee or extend the probationary period.

The amendments have been negotiated behind the backs of the people who will be most affected – workers and their communities. Public hearings should be conducted in communities and not just through the Employment and Labour parliamentary portfolio committee.

The signatories also demand the right to address the portfolio committee on the Draft Code.

Submitted by:
1. Amacqunukhwebe Service Delivery Group
2. African Revival Foundation (ARF)
3. Casual Workers Advice Office (CWAO)
4. Women on Farm Project (WFP)
5. Metsimoholo Community Advice Office (MCAO)
6. Simunye Workers Forum (SWF)
7. Mining Affected Communities United in Action (MACUA)
8. Intlungu Yasematyotyombeni
9. Khanya College
10. Masiphakameni Local Development Agency (MLDA)
11. Kwakwatsi Community Advice Office (KWACOA)
12. Valley FM
13. General Industries Workers Union of SA (GIWUSA)
14. Maokeng Advice & Resource Centre (MARC)
15. Housing Assembly
16. Workers World Media Production (WWMP)
17. Support Centre for Land Consolidation (SCLC)
18. Witzenburg Justice Coalition (WJC)
19. Central Karoo Farm Community Association (CKFCA)
20. Monametse-Mokgotho Community Forum Mining Affected Community (MMCEF)
21. Labour Community Media Forum (LCMF)
22. Sundays River Valley Farmworkers Forum
23. Izwi Domestic Worker Alliance
24. Surplus People Project (SSP)
25. Merweville Advice & Development Office (MADO)
26. Potchefstroom Informal Settlements
27. Thlolong Legal Advice Centre
28. Community Social and Economic Development
29. Nkuzi Rural Development
30. Independent Komani Residents Association (IKORA)

Category: PRESS RELEASE | WORKERS' RIGHTS