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Labour and HR Club Q&A
Attention employers: From the Department of Labour
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"Joining trade union"
Is it possible for the employer to start deducting your money for the trade union before they even meet with them to talk to them?
If the employer denies meeting with the trade union what should they do?
One of my clients experienced the same. The company deducted the union money to show that they are not against the trade union but requested the union to provide their constitution before scheduling a meeting.
The union was reluctant for 6 months to provide their constitution and when they did provide it to the company they were denied due to the scope of industry they are serving versus my client.
The constitution did not make provision for my client's industry and subsequently they were denied meeting with the Employer and all deductions on the union fees were seized.
The case went to the CCMA and was withdraw by the as the Commissioner indicated that they are not acting within the scope of their constitution in terms of Section 4 of the LRA.
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