KNOW YOUR RIGHTS

Q: “What are my rights as an employee who feels overwhelmed with the workload because of downsizing, and being told that there’s no budget for extra hands?”

Gugulethu Mthalane, attorney and employment specialist at Solomonholmes Employment Law Attorneys, responds: “When a company downsizes its workforce, it is often due to its operational requirements. If the employee, as an alternative to being retrenched, has agreed to new terms and conditions of employment that may entail an additional workload, then the employer is unlikely to sympathise with them. But, if you now have additional work without having agreed to the new terms and conditions of employment, what action can you take?

Informal discussion with employer. Try to resolve an employment dispute with your employer amicably before resorting to formal procedures. The parties can engage in ways in which the workload can be mitigated through additional training for you as the employee, as well as additional resources and support. Lodge formal grievance against the employer.

If you’re still unhappy with option A, then you may lodge a formal grievance. There’s no legal obligation on a company to have a grievance procedure. The principle is to enable staff to air any concerns about any work-related issues before seeking external assistance. Refer dispute to the CCMA/Bargaining

Council. If you haven’t consented to the additional workload, you’re entitled to refer a dispute to the CCMA on the basis that the employer has made a unilateral change to your terms and conditions of employment. You could argue that your duties, responsibilities and role have been changed without your consent. This is called a dispute related to a unilateral change to terms and conditions of employment.