workers
30 August 2007
A legal showdown is on the cards between the Labour Department and a
well-known furniture store which fired its employees because inspectors
'rescued' them from an unlawful lock in.
This followed the halting of operations at Lewis Furniture store in
Thabazimbi, Limpopo by inspectors on Tuesday on occupational health and safety
grounds.
The inspectors had visited the store unannounced acting on a tip off from
members of the public that employees were locked in the storeroom during their
shift.
In terms of the Occupational Health and Safety Act, no person should work in
a store without access to an emergency exist facility.
During the unannounced visit at the store's warehouse inspectors found the
doors locked with workers on duty. The employees who were interviewed confirmed
that they are always locked in and required to use their mobile phone's SMS to
request permission to visit the bathrooms.
However, when one employee used the system to request management's
permission through an SMS in the presence of inspectors, it took them about
thirty minutes to respond citing lack of transportation as an excuse.
The inspectors immediately issued the employer with a prohibition notice for
contravening provisions of the Occupational Health and Safety Act.
In an apparent defiance, the employer on Wednesday retaliated by carrying
out his earlier threat to 'fire' the entire warehouse staff as a result of the
inspection.
The department has since referred the matter to the Commission for
Conciliation Mediation and Arbitration for unfair dismissal, and is considering
pressing for prosecution against the employer.
Enquiries:
Zolisa Sigabi
Cell: 082 906 3878
E-mail: zolisa.sigabi@labour.gov.za
Issued by: Department of Labour
30 August 2007
Source: Department of Labour (http://www.labour.gov.za)
