Importance of the principles enshrined in the Labour Code
Principles enshrined in the Labour Code
Mr. William Stewart is a machine operator and shop steward employed in a small engineering company, Strawberry Construction. He is a semi-skilled worker and has been employed for six and a half (6½) years. In May 2006, as a result of an accident, Mr. Stewart was away from work. He was due to return to work on Monday May 16. On Friday May 13 while on sick leave he received a dismissal letter with an effective date of Monday May 16.
On Monday May 16 news of his dismissal caused a two-day strike at the establishment. The strike action resulted in his trade union being invited to discuss the matter at the local level. The matter was discussed over several weeks without a resolution at both the local and conciliation levels.
The Company claims that Mr Stewart’s sick leave record over the six and a half (6½) years has not been satisfactory (see APPENDIX 1). He has been late for work on a similar number of occasions over the period. He is accident-prone (eight (8) accidents in four (4) years), as a result of which the insurer has written to the company about the matter. Strawberry Construction believes he is a liability and may suffer a serious accident and is not suitable for that job. He has been rude to a manager on more than one occasion and Strawberry Construction believes that the aforementioned issues constitute reasonable grounds for dismissal.
In Mr. Stewart defence the Trade Union states that he is a conscientious shop steward who obeys the rules and reports all accidents, however minor. Many minor accidents are not generally reported, thus Mr Stewart’s record is not as bad as would appear. Only one accident has resulted in a claim, and only two accidents had caused absence from work. Mr Stewart’s had complained about lack of safety on a number of occasions. The union also claimed that the rudeness incident had been a minor one and had been blown out of proportion. There was a personality clash between Mr Stewart and the Managing Director, and the company was really trying to get rid of him because he was a shop steward. His attendance record was no worse than that of other people – why pick on Mr. Stewart?
As a consequence of the impasse, the Ministry of Labour referred the matter to the Industrial Dispute Tribunal for arbitration. The terms of reference for the Tribunal are: ‘The Industrial Disputes Tribunal is asked to determine and settle the matter relating to the termination of Mr Stewart, whether it is justifiable or unjustifiable”.
1. As the arbitrator, what are the issues you would need to have clarified by the parties involved? ( 8 marks)
2. Explain the importance of the principles enshrined in the Labour Code to this case and the relevant legislation that validates your involvement.
please give references for your answers
