Carl Niehaus has a case to make over his axing
The Labour Relations Act makes it difficult to fire workers – and the ANC seems to be violating the laws it made when dealing with Niehaus.
Former MP, uMkhonto weSizwe Military Veterans Association (MKMVA) spokesperson Carl Niehaus. Picture: Twitter
One of the most contentious laws passed by the ANC in the last 27 years has been the Labour Relations Act (LRA), which has been accused of loading dice against employers in workplace disputes.
Not only that, the strictures in the LRA – and specifically the ones making it difficult to fire workers – have been cited as one of the reasons our job market is shrinking, along with investment.
What is certain is that, whichever way you look at it, the Act sets down strict procedures and guidelines when it comes to disciplining employees.
That is why it looks strange that, at first glance, the ANC seems to be violating the laws it made when dealing with Carl Niehaus.
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Now, he may not be the most likeable or balanced of individuals, but he is entitled to fair treatment under the LRA. And the fact that he was dismissed on Friday, without the benefit of a legally required hearing – and with less than three hours notice – makes it look, prima facie, as though the ANC is cocking a snook at legislation.
We hold no brief for Niehaus, but we hope he takes his case to the CCMA.
That hearing will be entertaining.
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