Applicants have been illegally treated and have automatically got claim against employer
16 January 2022 - 19:39
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From a labour law point of view it breaches the Labour Relations Act and a whole host of other regulations. In theory, every other applicant for all the state jobs that were advertised and then given illegally to cadre deployees would have a claim for an unfair labour practice, and possibly even unfair discrimination.
All such applicants should consider going to the Commission for Conciliation, Mediation & Arbitration by completing an LRA 7.11 application form.
These applicants have been illegally treated as they were deemed unacceptable for the position purely because they were not even considered due to cadre deployment.
Everyone reading this should be aware, and if they were an applicant for a position and that position has been mentioned in the cadre deployment minutes, they have automatically got a claim against the employer. Most of the positions were within local, provincial or national government, which become the respondent in these claims.
As a labour lawyer I strongly suggest that they move as quickly as possible to lodge these claims since they have now become aware of this unfair labour practice and the clock has started ticking. I believe the various government departments will have to pay dearly for this duplicitous behaviour.
Michael Bagraim, MP DA deputy shadow employment & labour minister
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: Cadre deployment breaches labour laws
Applicants have been illegally treated and have automatically got claim against employer
The very concept of cadre deployment breaches various pieces of legislation in SA (“DA plans court case to find out Ramaphosa’s role in cadre deployment”, January 12).
From a labour law point of view it breaches the Labour Relations Act and a whole host of other regulations. In theory, every other applicant for all the state jobs that were advertised and then given illegally to cadre deployees would have a claim for an unfair labour practice, and possibly even unfair discrimination.
All such applicants should consider going to the Commission for Conciliation, Mediation & Arbitration by completing an LRA 7.11 application form.
These applicants have been illegally treated as they were deemed unacceptable for the position purely because they were not even considered due to cadre deployment.
Everyone reading this should be aware, and if they were an applicant for a position and that position has been mentioned in the cadre deployment minutes, they have automatically got a claim against the employer. Most of the positions were within local, provincial or national government, which become the respondent in these claims.
As a labour lawyer I strongly suggest that they move as quickly as possible to lodge these claims since they have now become aware of this unfair labour practice and the clock has started ticking. I believe the various government departments will have to pay dearly for this duplicitous behaviour.
Michael Bagraim, MP
DA deputy shadow employment & labour minister
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
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