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Question
Posted by: esther | 2010-04-13

unfair labour practice

after working at this place for 13yrs the senior position was given to a staff member who was on contract for 5 yrs. we have the same qualifications except i have a certificate (the only staff member) in archival studies making me the only archivist. i feel i should have been given the opportunity to prove myself. also all 3 senior posts were given to men- one of whom i have a grievance against and who has no qualifications but has 3 yrs more experience than me.

there are other factors : taken out of the job i was doing for 13 yrs of which i worked alone in for more than 5yrs because my senior did not want to work with me. even though there has never been a complaint against me and he moved out of the office and left me to work alone there for the 5 yrs. he has been " promoted"  from senior archivist a post be was given to senior co-ordinator.

after 13yrs with a Masters degree + certificate I am now the Document Archivist and have been tasked with setting up the Special Collections which comprises of 6000-7000 books from scratch with no help

ive sent a letter to HR re the score sheet and its been almost a yr since the company decided to restructure and the job were advertised and still no score sheet. ive also given the union a motivational letter to have this post upgraded

is there anything i can do for myself in this situation

thanking you

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Our expert says:
Expert ImageLabour lawyer

re: UNFAIR LABOUR PRACTICE

You do have a right to raise a grievance and to challenge the fact that you weren't promoted into the position. This unfair promotion could lead to a challenge at the Commission of Conciliation Mediation and Arbitration (CCMA). From what you describe it does sound like you have been subjected to an unfair labour practice.

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Our users say:
Posted by: labour lawyer | 2010-04-19

re: UNFAIR LABOUR PRACTICE

You do have a right to raise a grievance and to challenge the fact that you weren't promoted into the position. This unfair promotion could lead to a challenge at the Commission of Conciliation Mediation and Arbitration (CCMA). From what you describe it does sound like you have been subjected to an unfair labour practice.

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