How to deal with transport issues, lateness and punitive disputes

THE majority of our workforce live far from their jobs, caused by the spatial planning of the apartheid regime. Unfortunately, we are still many years off before large industrialisation can take place in or next to townships. Job creation is one of the biggest requirements for any government.

We have been experiencing transport problems for many years with the failures of Metrorail and bus strike. We also know that many staff members sometimes spend up to 50% of their salary on transport. This is untenable. It is understood that many employers try to make some provision and often provide their own means of transport.

However, while the system is failing many workers, they are also facing negative disciplinary action, even dismissal, for missing work and late-coming. There is a protocol which has to be followed by each employee when faced with this situation. It is incumbent on employers to consult with their staff to ascertain transport needs and the plans they’ve made to get to work daily. This consultation process between management and staff could lead to a better structured environment, a meeting of minds, to get people to work and to ensure disciplinary action could be minimised.

Furthermore, if there is a trade union in the workplace it is incumbent on it to ensure proper discussions take place as how to structure transport and/or the lack of it.

Transport is such a vital cog in the employment arena but is seldom placed on the agenda when terms and conditions of employment are negotiated between trade unions and employer.

Every staff member must have a letter of appointment in writing. This letter (or contract) would indicate when a person has to work on what days and for how long. Normally there would be a document attached to the letter of appointment outlining a disciplinary code, and if there isn’t one, this would default to the Schedule 8 of The Labour Relations Act.

This code would explain that late coming could warrant written warnings and eventually lead to dismissal. Many employers have a specific practice whereby employees would SMS or WhatsApp a message to their direct manager if they are running late. This message system is vital to ensure that not only management can structure itself properly in its planning for the day, but also to help the employee avoid warnings for lateness.

Obviously, the message should be sent timeously and to the correct person.Many employers would be sympathetic and understanding if a specific rare instance of late coming was beyond the control of the employee.

In the instance of a bus strike, which is common, employees should approach management to have a joint problemsolving exercise as to how they can get to work timeously or try and ensure that they get alternative transport. Already we have seen the Cape Chamber of Commerce and Industry calling for employers to consider the possibility of flexi-time or work from home. I also understand that the chamber has called on its members to consider alternative arrangements for transport. However, Metrorail is often affected by sabotage and not able to provide what is required. Every person who travels to work must share their problems with their immediate managers.

It would be unfair of management to issue warnings if the employee had shared the problem with them and on the day had sent a message explaining their late coming was beyond their control. If a warning is still issued, an employee can take that on appeal internally or can refer an unfair labour practice dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). Normally, warnings would be progressive in that the first instance would probably be an oral warning but, thereafter, there could be anything up to three written warnings which would finally result in a disciplinary enquiry which could lead to a dismissal. The dismissal can be appealed and also challenged at a bargaining council or at the CCMA in due course.

All employers should become more tolerant and understanding of problems employees go through to get to work on time. Employers have a duty to consult every employee to ascertain what the problems are and how they could help in order to resolve the issue. Obviously, if an employee is routinely late and doesn’t want to take advice, then that employee falls foul of the code and will probably face disciplinary action in due course.

In extreme cases, an employer might decide on no work, no pay and in many cases would be punishment enough.