advertisement
Question
Posted by: Nar | 2010/10/06

Att Labour Lawyer-(Unfair Labour Practice)

I need advice please, i have been away for maternity leave(4m). when i came back i found that while i was away they decided that i will not continue with my post anymore. they want to give me a position that is not in line with my career and it''s more like a demotion.

The person who was standing in for me is still doing my job, they say they are restructuring. and i am aware that they want to give him my post and change the tittle(designation). i am not doing anything at moment just come to work and do nothing because they are still busy.

can i open a case in this regard? or should i wait for them to finish what they call " restructurin" ? please advice

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageLabour lawyer

re: LABOUR LAWYER - Unfair Labour Practice

You are entitled to the same position when you return. if they need to restructure they need to enter into a consultation process with you. It appears that they have not done this properly and therefore it is an unfair labour practice.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

8
Our users say:
Posted by: Labour Lawyer | 2010/10/18

re: LABOUR LAWYER - Unfair Labour Practice

You are entitled to the same position when you return. if they need to restructure they need to enter into a consultation process with you. It appears that they have not done this properly and therefore it is an unfair labour practice.

Reply to Labour Lawyer
Posted by: Nar | 2010/10/07

Trev, our company doesnt allow us to have unions at all. and they dont have a grivience department. so ccma is the way to go.

Anon, let me know of the progress. moine still the same am frustrated it''s three weeks already.

Reply to Nar
Posted by: Anon | 2010/10/07

This a my first week, but they already decided and im not sitting in my old place. I dont have the energy to fight, but i should cause its my right.

Reply to Anon
Posted by: Trev | 2010/10/06

I think everyone who isnt the management/owners etc should belong to a good strong union, if they did, 95 percent of the problems detailed on this forum wouldnt occur.My union fees are about 1 percent of my salary, and its worth every cent of it.
Unfortunately, so called''White collar'' workers in SA have been brainwashed into believing that isnt the thing to do, which suites a greedy and bullying few.

Reply to Trev
Posted by: Nar | 2010/10/06

I have been making research about this. but people keep telling me that i should wait till it''s finalised. and guess what it''s been 3 weeks since i came back. and you?
i will go to CCMA as well, in Joburg

Reply to Nar
Posted by: Anon | 2010/10/06

yes you can, cause the law states, that if you come back from Maternity leave it should be to the same post it should be as if you never left, unless that post is not existing anymore. Im going to CCMA.

Reply to Anon
Posted by: Nar | 2010/10/06

i just want an advice if i can continue with a case.
Anon where are you laying a charge of grivience?

Reply to Nar
Posted by: ANON | 2010/10/06

Im sitting with the exact same story. I spoke to management but they are not worried about what im saying. So i am now deciding to lay a charge of grievence against them as i am not prepared to leave it as is.

Reply to ANON

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement