Friday, December 1st, 2017
Trade union Solidarity today rebuked the Law Society of the Northern Provinces about its unwillingness to consult with the trade union regarding a business transfer process as defined by the Labour Act. The business transfer in terms of section 197 of the Labour Relations Act has recently been announced, which aims to merge all four of the Law Societies in South Africa.
According to Herman Perry, a litigant at Solidarity’s legal services, Solidarity members that are working under this order’s conditions of employment, will be adversely affected by this business transfer. “Section 197 stipulates that a business transfer of this kind may not adversely affect the conditions of employment as set out in the employee’s initial contract. Despite this fact, they are stubbornly continuing to amend the conditions of employment, which will mean, among other things, that Solidarity members will enjoy less leave days than earlier, and they may be forced to migrate to other provinces,” explained Perry.
Perry continued to say that despite Solidarity’s many attempts to consult with the Law Society regarding the matter, the institution was simply not interested in meeting with the trade union. “The legislation clearly stipulates that trade unions should be consulted during this process. It is therefore extremely worrying that the Law Society itself doesn’t follow or aren’t concerned with the processes of the Labour Act,” said Perry.
“Solidarity want to act in the best interest of its members, who make up almost 50% of the staff at the society. Solidarity thus demands that the Law Society includes the trade union at the consultation processes, and that it won’t hesitate to proceed with further action if the Law Society fails to comply with this request,” warned Perry.