FIHLIWEMATSA1 The dynamic workplace requires employers to frequently adjust to changing organizational structures, technological breakthroughs, and economic fluctuations. These developments may require implementation of new terms and conditions of employment. You may wonder what may happen if employees in South Africa do not accept these new changes, do they get fired or ignored? This is where the South African labour law comes in to regulate and balance both the employee and employer’s rights.
The Dynamics Of the Legal Framework
The Labour Relations Act (LRA), strongly protects employees while also giving companies the freedom to run their businesses according to their mission and vision. Employee terminations that are based on operational requirements including changes in terms and conditions of employment, are governed under the LRA Section 189.
Firing an employee for rejecting new terms is not as simple as it sounds as employers must prove that the changes are necessary, fair and just.
When Is It Acceptable For Employers To Change Terms and Conditions?
Change in employment terms and conditions cannot be forced down the employer just as easily.
- Both employers and employees must have a mutual agreement to any changes proposed
- There should be a consultation from the employer to the employees before implementing any official changes
- The employers may negotiate changes during termination discussions if the changes are necessary for the company’s sustainability.
If these processes are not followed, the changes may be deemed as invalid and the employer might face legal challenges.
When is It Permissible Employers To Dismiss Employees Due to Refusal
If there was no mutual agreement or grounds for negotiation then dismissal should be fair and be done according procedure. Employers must:
- Provide proof that these changes are crucial for the business to survive
- Consult with their employees, negotiate for common ground, and hear employee’s grievances before making any official change
- Be reasonable and open to compromises to suit the employee’s negotiations
- If after all these steps, the employee still refuses to agree with the fair and revised changes then the employer can terminate their contract under operational requirements.
South African Case Law Insights
There are a number of cases where South African courts has addressed this problem and even suggested direction on impartiality:
- The court declared that workers who refused to accept modifications to shift patterns in Fry’s Metals (Pty) Ltd v. National Union of Metalworkers of SA should be fired as the adjustments proved to be operationally justified.
- In the NUMSA v. Aveng Trident Steel, the court urged employers to demonstrate that the adjustments were necessary and justified and also prove that the consultations were effective. The South African court stressed that employees must be dismissed under fair and reasonable conditions.
The above cases show that employers are allowed to dismiss employers who refuse to accept new changes only when they are done under fair and reasonable conditions, follow the right procedures and are considerate of their employees.
Employee Rights and Protections
If employees believe they were unfairly dismissed then they can:
- Report the matter to the CCMA(The Commission for Conciliation, Mediation, and Arbitration) which will determine whether it was a fair dismissal.
- Approach the Labour Court for legal help case of employee rights violation
- Unionized employees can consult their trade union for support during dispute settlement.
Avoiding Conflict: Best Practices for Employers
Employers can keep the work environment healthy and avoid disputes by:
- Being transparent with their employees when it comes to the reasons why there are new changes in the company. They should also highlight how the proposed changes will positively impact both the company and the employees
- Before making any final decisions, ensure that the employees are involved on the plans of making changes in the company
- Offer any kind of support that will make it easy for the employees to adjust to the new changes. Support through counseling, training or financial assistance
- Document and keep detailed records of all the processes to ensure fairness i.e. consulting with the employees, the negotiations and agreements
Conclusion
There is no black-and-white straight answer when it comes to dismissing employees because they rejected the new terms and conditions of employment in South Africa. The employees’ rights are highly protected by the Labor Relations Act to ensure fairness yet the employers also have the right to run their companies productively and make decisions that benefit the company. The employers must tread carefully and try by all means to be fair just, be considerate of their employees and provide proof that the said changes are necessary for the company’s survival.
Email Samples for Addressing New Employment Terms
Email 1: Declining to Sign New Terms and Conditions
Subject: Response to Proposed Changes to Employment Terms And Conditions
Dear [Manager’s Name],
I hope this email finds you well. I have gone through the proposed changes to the terms and conditions of my employment, and after weighing my options, I regret to inform you that I am unable to agree to and sign the revised terms at the moment.
I understand the company’s need to adapt to changing circumstances but I believe that some aspects of the proposed changes may not align with my professional or personal circumstances. If interested, I would appreciate the opportunity to discuss these concerns further and explore possible alternatives.
Thank you for your understanding. I will be available whatever time is proposed to discuss this matter further.
Kind regards,
[Your Full Name]
[Your Job Title]
Email 2: Requesting a Discussion About New Terms
Subject: Request for Discussion: Proposed Employment Terms and Conditions
Dear [Manager’s Name],
I would like to comment on the proposed changes to the terms and conditions of my employment, which were recently shared with me. If possible I am requesting a meeting on a time suitable to you to better understand the rationale behind these changes and discuss how they may impact my role
I value my position within the company and am committed to contributing positively to its success. I believe that an open discussion is necessary to help address any concerns and ensure that we reach an outcome that works for both parties.
Please let me know a convenient time for us to meet. I look forward to your response. Thank you for your time.
Best regards,
[Your Full Name]
[Your Job Title]
