By lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za
Managers have both the obligation and the authority to make and implement decisions that advance the interests of their employers. However, the right of managers to act on behalf of their employers is limited. This principle applies to mangers in private businesses, NGOs and in all tiers of government.
In private businesses and organisations these authority limitations are primarily set by the business’s internal decision-makers and are enforced by the organisation’s rules. In government the entity may well have its own rules limiting managerial authority, but these rules are supplementary to the laws and regulations of the country. Such legislation is necessary to protect the public from unjust administrative action.
Regardless of the origin of such authority restrictions the courts will not normally accept actions taken by executives that are in conflict with said restrictions. In the case of Monareng vs JS Moroka Municipality (Case number JA46/22 – 3 July 2024) Monareng submitted his resignation on 1 April 2021 and withdrew it on 15 April of the same year. The municipality had earlier been placed under administration, which administration ended on 31 March 2021. And the appointed Administrator, Mr Mhlanga rejected Monareng’s resignation withdrawal. Mr Mhlanga further stopped Monareng’s May salary. However, on 10 May 2021 Mr Monkoe, the Acting Municipal Manager accepted the withdrawal of Mr Monareng’s resignation.
As he was not receiving a salary due to Mr Mhlanga’s actions Monareng approached the Labour Court which found that Mr Monareng was no longer an employee of the municipality. Monareng took the matter to the Labour Appeal Court and there submitted new evidence that, at the time that Mr Mhlanga had refused the resignation withdrawal, the municipality was no longer under Administration. The Court found that as a result of the termination of the Municipality’s status of being under administration, Mr Mhlanga had not had the authority to reject Mr Monareng’s resignation withdrawal. The Court therefore declared Monareng’s status to be an employee of the municipality and ordered the employer to pay Mr Monareng’s Labour Court costs.
The outcome of the Monareng case shows how costly it can be for managers to exceed their managerial rights. This makes it clear that employers need to train their management in the dangers of labour law.
The innovative video series WALKING THE LABOUR LAW TIGHTROPE assists employers to provide their managers with very inexpensive training that allows the managers to achieve the necessary knowhow at times suitable to their very busy schedules. Its 48 chapters, averaging 10 minutes in length each, can easily be watched at junctures when the manager has time. This greatly informative yet very engaging and practical video series provides crucial and user-friendly learning through the use of a stimulating, animated case study that runs throughout the 48-chapter series. Each chapter contains clear and important advice needed by workplace management on the basics of labour law over a very wide range of topics.
A further advantage is that the manager can, for a full year, easily go back to any of the 48 videos for purposes of refresher training or in order to access information on how to deal with a current workplace issue. This solves the problem of managers forgetting what they have learned. This video series helps management to walk the shaky labour law tightrope and to run the workplace productively without falling into the labour law abyss.
To access our groundbreaking video series: WALKING THE NEW LABOUR LAW TIGHTROPE please go to www.labourlawvideos.co.za or contact Ivan on ivan@labourlawadvice.co.za
