“Employers must take care to always be consistent in the workplace and not treat employees differently without a justifiable reason. The employer-employee relationship starts with employment. This relationship is based on mutual benefits and respect and labour legislation sets strict requirements that employers must comply with. These requirements are non-negotiable and pose a serious business risk for employers if the employment relationship is not managed in line with these requirements.
it is critically important for the employer to continuously act consistently with regards to ALL employees, with specific reference to:
- rules and discipline
- working conditions and conditions of employment
- remuneration and benefits
The Labour Relations Act stipulates, among other things, that a commissioner at the Commission for Conciliation, Mediation and Arbitration (CCMA) must always investigate if the rule/standard in the workplace was consistently applied. If an employer fails to be consistent in applying legislation, discipline, policies and procedures in the workplace, the conduct will be classified as unfair labour practice.” LWO, Employers organisation
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