Nthabiseng Tshenye 55646530 Assignment 8

Nthabiseng Tshenye
55646530
LRM3702
ASSIGNMENT 8 Semester 2 2022

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Nthabiseng Tshenye 55646530 Assignment 8

Table of contents

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Nthabiseng Tshenye 55646530 Assignment 8

Introduction

In this assignment we will be learning more about strikes, types pf strike and fairness of retrenchment as
well as disciplinary procedures and employment relation concepts.

Question 1

1.1 The type of strike

In the case study we have learnt that the striking employees wanted improvements in wage adjustment,
night shift allowance, extended working hours for part-time employees and extension of bargaining
categories. Employees are basically striking for better remuneration and working conditions. And their
strike is protected strike, this means that employees will not be fired for participating in the strike as
they got the rights to fight for better work conditions and remuneration.

1.2 Is SACCAWU and its members strike legal/illegal in terms of LRA

Before answering the question let me define picketing and its purpose according to Cambridge
dictionary picketing is ‘’an activity in which a worker or group of workers protest outside a building to
prevent other workers from going inside.’’ And the purpose of picketing is used as a way of worker’s
involvement to increase support. This is a peaceful march. According to the case study they were
allowed to participate in a protected strike under the LRA, protected strike is allowing employees to
strike, protecting them from dismissals for participating in a strike action. In the case study we read that
‘’ in July 2023, SACCAWU obtained a certificate authorizing protected strike action by its members.’’ Yes,
they were allowed to strike as they were given the certificate which is a requirement as per LRA that
they must have certification.

Question 2

2.1 Fairness of retrenchments

According to the case study SAHC these are factors that push the management to contemplate
retrenchment, operating cost, the need to boost revenue and modest revenue growth compared to
rising employee costs. From the factors mentioned above analysis of retrenchment start from getting
company’s finances which is the economic needs that they said they need to escalate operation cost and
boost revenue. According to the retrenchment process if the company is under economic pressures then
the company has lawful grounds to initiate retrenchments. In order to determine the substantive
fairness of the retrenchment, we must find the valid economic reason and ensure that it is not unfair
dismissal but in this case it is indeed justifiable to carry out the retrenchment. We do have valid reasons
for retrenchment but there has to be an alternative to retrenchment, employer must explore all other
alternatives before resorting to retrenchment which include asking older workers to leave early and
freezing new posts etc. in this case they can reduce working hours in order to accommodate more
employees. Employer must communicate and show us the criteria used to retrench and the must ensure
that all employees retrenched are given their severance packages and give notice accordingly.

2.2 procedural fairness

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Question 3

3.1 Sarah’s case of theft

To ensure there is fairness in Sarah’s case must first ensure that there is an official investigation, to
question all the employees who might have seen her awkward behavior or the actual theft, check CCTV
to have actual evidence. Since it was an anonymous tip we must ensure the investigation is not biased to
ensure that we get the admission of guilt from Sarah. There has to be a formal disciplinary hearing this
is where we hear both sides of the Sarah and the head of security, submit any evidence to proof that
there was indeed theft taking place. During this process there must be a chairperson who is not biased
and who will ensure that the hearing is fair. This person must be appointed to bring fair dismissal and not
unfair. Sarah will have an opportunity to defend herself even though there will be admission of guilt.
After each person has given their opening statement, they will submit evidence if there is any. Then a
decision needs to be made, but before she is dismissed we must try to understand why she did what she
did before giving the final verdict. Understanding the reasons might help in future to stop other
employees from doing the same. This is where the organization whether they dismiss her or not need to
ensure that she gets counselling and support to help get to the bottom of the cause of all this. In order
to ensure that the disciplinary hearing is valid we must ensure that we have been documenting
everything from the letter of notice of the hearing. Documents of the investigation conducted and the
proceeding of the actual hearing for record keeping. If the outcome is to dismiss her Sarah has every
right to appeal the decision taken against her according to the LRA ensuring there is fair labour practice.

Question 4

4.1 understanding employment relations concept.

a) specialisation and devolution

specialization refers to designation of specific responsibilities and roles of departments or individuals

while devolution refers to assign employment relations responsibilities. This means hotel manager in the
SAHC can be given traditional hr activities such as recruitment, performance management and training
to be their daily roles and responsibilities while disciplinary hearing and more difficult issues be dealt by
the hr department.

b) centralization and decentralization

according to alixpartners centralization refers to strategic planning, goal setting, budgeting and talent
deployment are typically conducted by a single senior leader or leadership team. Decentralization refers
to organisations formal decision making, power is distributed across multiple individuals or teams. SAHC
decision making should be balanced across the organization but also ensure local manager have specific
decision making they can take without involving everyone.

c) standardization and formalization

standardization refers to actually putting policies and procedures in place and formalization is to enforce
this policies and procedures. SAHC establishing policies and procedures ensure governance as they have
multiple branches across the country and enforcing adherence is to ensure that there is compliance
across the organization.

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4.2 generic strategy

SAHC generic strategy is cooperative and integrative generic strategy. From the case study we learnt that
they pride themselves on employee satisfaction and happiness, happy employees are encouraged and
motivated to work hard and keep production numbers high at all times. They also said they
communicate well with trade unions and discuss any matters arising and ensuring they make best
decision concerning employees together with the unions putting employees’ interests at heart.

Question 5

5.1 barriers to effective communication

i. information overload or filtering- too much information for one to understand or process. There are
multiple hotels operating across southern Africa, sometime SAHC send information to all but because
there’s different issues for different places information can be overlooked or not taken in for example
thinking no this one does not include us in Nigeria.

ii. cultural and linguistic differences- SAHC operates in Southern Africa and ofcourse all these countries
have differences and mistake can be made because of miscommunication or misunderstanding.

iii. perceptual difference- seeing things or understanding them differently. For example SAHC might want
to increase their finances by cutting salaries while trade unions sees it as exploiting employees.

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References

https://dictionary.cambridge.org>picketing

https://www.alixpartners.com

P.S Nel. Et al. 2020, south African employment relations, 9th edition, van schaik publishers, Pretoria.