Thobisani’s* employer told them that they needed to buy their work uniforms from the company at a cost of R1,400 per uniform. And even though the Department of Labour came to speak to the employer and told him that he could not force employees to pay for their own uniforms, two weeks later he is still trying the same tricks. When Thobi and his colleagues refused, their employer told them to “get out” because they’re fired, and he was “sick of their attitude”. AZIKHIPHI! That’s not on! Scorpion Legal Protection discusses what our labour laws say about the matter.
Scorpion Legal Protection’s advice
What Thobi’s boss is trying to do is against the Basic Conditions of Employment Act (BCEA). Section 33A(1)(a) specifically states that an employer cannot require an employee or potential employee to purchase any goods, products or services from the employer or from any business or person nominated by the employer. This would include asking, or in Thobi’s case forcing, an employee to buy his own uniform.
This will obviously be important legislation for airlines, security companies, retail companies and the food industry, who usually require their employees to wear uniforms.
The issue of being fired because they refused to pay for their uniforms is also important because it is illegal. The Labour Relations Act has a Code of Good Practice for Dismissals that all employers must follow. There is a strict procedure that employers must follow if they want to dismiss employees – there’s no such thing as just telling employees to leave because they are fired out of the blue. This includes, among others, a record of what offences a worker committed, what disciplinary action was taken, and why the action was taken. If there is repeated misconduct, the employer must give the worker warnings. A final warning for repeated misconduct or serious misconduct must be given in writing.
Dismissal without a proper hearing is never fair. Thobi can go to the CCMA to lodge a case of unfair dismissal within 30 days from the date of dismissal. If they find that his dismissal is unfair, he will be able to get reinstated or re-employed, or get compensation from his employer. If Thobi is not dismissed, then the employer forcing them to buy their own uniforms could also be a case of unfair labour practice. Thobi has 90 days to refer an unfair labour practice matter to the CCMA.
Tips:
- No employer is allowed to force employees to buy their own uniforms. This is against the BCEA.
- Dismissal without a hearing is automatically unfair, and should be referred to the CCMA within 30 days.
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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.