Learning unit 11: Unfair Labour Practices

Question 1

Can an employee commit an unfair labour practice against an emmployer?

Answer 1

No.

Question 2

What are examples of unfair labour practice?

Answer 2

• unfair conduct relating to promotion, demotion, probation, employee training, employee benefits
• unfair suspension or discplinary action short of dismissal
• failure/refusal to reinstate former employee
• occupationational detriment, in contravention of Protected Disclosures Act, where employee made protected disclosure

Section 186(2) of the LRA

Question 3

Who is protected against unfair labour practices?

Answer 3

Employees and ex-employees

Question 4

Are other unfair labour practices outside of section 186(2) of the LRA?

Answer 4

No. The practices outlined in the section is a closed list. That means that if the practice does not fall within the scope of that list, it does not amount to unfair labour practice.