Did you know that belonging to a trade union is your Constitutional right? We take a closer look at this issue.

The 1996 Constitution of the Republic of South Africa dedicated Chapter 2, "The Bill of Rights" to defining the rights of South Africa’s citizens. Under the section for Labour Relations is the right to belong to a trade union.

Section 23(2) of the Constitution gives every worker the right to form, join and to participate in the activities of a union. A worker is in its simplest form defined as someone who is working and there is no differentiation between any class or seniority of workers.

Whether you are a Foreman, Supervisor, Head of Department or Manager, you have the right to join a union. The only prerequisite is that you must be a worker.

The Labour Court, in deciding the dispute of a union member and shop steward of the Food & Allied Workers Union & Another (v The Cold Chain (2007) 16 LC), held that it is a guaranteed constitutional right to form and join trade unions and to engage in their activities. In this specific dispute the worker, a union member and shop steward, was offered a promotion into a position of a higher grade as an alternative to retrenchment. This offer was, however, subject to his resignation as shop steward from the Food & Allied Workers Union & Another. Upon refusal, he was dismissed.

Status level is irrelevant
Regardless of your occupation or status level within a company, you are still entitled to belong to a trade union. The only requirement is that of good faith towards your employer, as was held in IMATU & Others v Rustenburg Transitional Council in 2002.

The Labour Court held that "the employer cannot seek to infringe the employee's freedom of association but may pursue breach of contract remedies should a senior manager, who is also in a senior position in the trade union, not be able to serve the interests of his employer in good faith. The employee must still do the work for which he is engaged and observe the secondary duties by which he is bound under the contract. If he does not, he can be disciplined for misconduct or laid off for incapacity."

MISA and the Retail Motor Industry
The retail motor industry is governed by the Motor Industry Bargaining Council (MIBCO) and MISA (Motor Industry Staff Association) is a party to MIBCO. MISA is therefore actively involved in negotiations on wages and conditions of employment when the terms are renegotiated every three years.

As the INTELLIGENT ALTERNATIVE, MISA represents your interests in senior committees within MIBCO as well as MIFA (the Pension/Provident Fund) and are therefore your voice.

Cancellation of membership
MISA has become aware that a number of members’ membership was cancelled when they were promoted into senior or managerial positions. Please make sure that you are still a MISA member and in good standing by ensuring your monthly deduction of your MISA membership reflects on your salary slip, allowing us to be your voice.

Article by Tiekie Mocke, MISA’s Manager: Legal Department

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