Unfair Labour Practice in the Workplace

28 Jul 2022
28 Jul 2022

Dear Employees Union Member

The Employees Union Executive wish to highlight an important issue of fairness in the workplace.
What is the issue?
The Employee’s Union has been inundated with complaints of unfair employment practices by the University.
PASS Staff and Members of the EU have been overlooked for vacant posts, of which they are suitably qualified for, and fully capable of performing the job roles.
The cases are numerous and across the University campus workplace.

Two of the many examples;
1. Two internal pay-class 8 staff applied for a vacant pay-class 10 post within their department. Both were deemed to be suitably qualified and had the necessary skill sets to be successful in the PC10 post. Both were denied access to the post due to a "more experienced" external candidate. The successful external candidate has been found to be lacking in experience and our two internal PC8 staff have had to train the "more experienced" incumbent and take on KPA functions of the PC10 post.
2. A suitably qualified Black South African Female staff member was denied access to a senior post within her department - the selection committee instead appointed a foreign national.
What has the EU done to resolve the issue?
The EU has attempted to negotiate with the University executive and management on behalf of its membership. The EU cited that the University/Employer is duty bound in terms of the legislation to implement employment equity and ensure that staff in the employ of the University benefit from  promotion and career progression - much the same as the Academic staff.
The University Executive failed to address the unfairness and comply with the legislation and created "absolute barriers" for PASS Staff and EU Members promotion and career progression.
The EU referred the matter to the CCMA for Conciliation and Arbitration - reference number: WECT3112-22.
The University Executive refused to attend to the matter, claiming that the CCMA lacked the jurisdiction for hearing the matter of unfair employment practices at the University workplace.
In simple terms the University Executive do not want to deal with the matter of unfairness.
Department of Employment and Labour
The Department of Employment and Labour has identified with the issue. The DEOL failed the University Employment Equity report for 2022 and issued a twenty-three page recommendation to fix a number of issues. Read the communication at the following link.
One of the issues that the DEOL raised – refers to the lack of promotion of PASS Staff members.
This is confirmation of the issue that the EU raised with the University Executive.
Where are we now?
At the time of this communication to you, the University executive have not addressed the failure to promote PASS staff members. There does not appear to be a will on the side of the University Executive to attend to career progression for PASS Staff members.
The University Executive now wants you to join Employment Equity Committees within your faculties and units to perpetuate the unfair employment practice. You would have received the invitation for nominations to serve on the Employment Equity Committee – as detailed in this communication.
Questions about your role?
The questions that the EU requires its members and PASS Staff to deliberate on is:
- Can you, in good conscience, join the Employment Equity Committee to further perpetuate the injustice that you and your fellow colleagues have to suffer?
- Are you comfortable to sit on the Employment Equity Committee and take decisions that deny your fellow colleagues an opportunity to progress in their job aspirations for a better life within their University workplace?
- Is it reasonable to deny your colleagues job opportunities, that they studied and worked for?
Protest does not have to take the common forms that we have experienced at our workplace or that are reported in the media!
As a means of protest;
You have the freedom under the constitution to say no to injustice.
You can object to joining the Employment Equity Committees.
You can withdraw your (accepted) nominations to the Employment Equity Committees.
The Executive members of the Employees Union are confident that you will make a stand and say NO to Employment Equity Committee nomination.
If you are inclined to saying NO, please be sure to add the following sentence to your motivation for objection:
I decline or withdraw from my accepted nomination, in support of the UCTEU’s protest against unfair employment practice at the University.
You may send the decline/withdrawal email message to the OIC Director and you may CC Yasmin Fazel-Ellahi
We urge you to share this communique amongst your colleagues.

The Executive of the Employees Union