Latest news with #LabourCourt
Express Tribune
6 days ago
- Politics
- Express Tribune
Labour versus capital
The writer is an academic and researcher. He is also the author of Development, Poverty, and Power in Pakistan, available from Routledge Listen to article Marx famously posited that labour and capital are locked in an antagonist relationship. Although many authoritarian states and populist leaders claim to represent the interests of the working classes, we have not really seen any successful example of a state led by the working classes. This does not, however, mean that there is no way to curb the unfair excesses of capitalism. Some mixed economies have rolled out impressive welfare policies to help secure a decent lifestyle for a majority of their populace. In most other countries, however, the gap between the owners of capital and the labouring masses keeps growing. The state can play an important role in safeguarding labour. Yet, powerful vested interests readily hijack the state and then use state power to further their own selfish agendas. Trade unions can push back against capitalistic exploitation. However, trade unions too can be repressed, corrupted or subverted, which then undermines their ability to shield workers from abuse. This year's Global Rights Index, published by the International Trade Unions Confederation, indicates a worsening global crisis for not only workers but also trade unions. Labour rights have deteriorated sharply in the global south as well as in Europe and the US. Only seven out of 151 countries surveyed for this annual index were seen upholding worker rights. Elsewhere, the right to collective bargaining is being severely compromised. Populist leaders readily dismiss trade unions as "foreign agents", the labour's right to strike is being countered using force, and even registering a trade union has become difficult across different parts of the world. The labour rights situation in Pakistan is hardly encouraging, with an overall score lower than the regional average observed across South Asia as a whole. The situation in India is much better. As against Pakistan's 53.5, India has scored 65 points, using 97 indicators derived from ILO conventions. Despite the right of association being enshrined in the Constitution of Pakistan, this right has been strictly regulated by consecutive governments within our post-colonial state. Although Pakistan has ratified over three dozen ILO Conventions, including those that require allowing workers to engage in collective bargaining, these rights remain largely ignored. Less than 2% of Pakistan's workforce is estimated to be unionised today. Trade unions are restricted in many sectors, and they are completely prohibited in export promotion zones. Employees of state administration, government services and state enterprises do not have the right to strike. A trade union office-bearer can be disqualified for violation of Labour Court orders to stop a strike. Based on the 1999 Anti-Terrorist Ordinance, illegal strikes, go-slow actions and picketing are considered acts of 'civil commotion', which can trigger fines and long prison sentences. Informal workers, such as agricultural workers, sharecroppers and artisanal miners, remain unorganised, and they are subjected to ruthless exploitation. Beyond the purview of regulatory requirements, employers making decent profits in the informal sector can easily avoid paying minimum wages or ensuring basic workplace safety. They can even employ children. Increasingly, prominent industries and companies are using temporary contracts to deny workers basic facilities, employment stability and the right to organise or negotiate collectively. Non-exporting firms, which have no fear of losing international business due to worker rights violations, often view compliance with labour regulations as an unnecessary hassle that undermines competitiveness and profitability. Labour laws on paper may require employers to hire disabled individuals or adhere to gender equity requirements, but in practice these regulations are easily violated when there are no labour unions to hold employers accountable. Pakistan's labour departments lack sufficient resources, training and motivation to protect workers. Exploitative employers thus rarely face consequences. Given this scenario, Pakistan's dismal ranking on the Global Labour Index seems well deserved.
IOL News
16-07-2025
- Business
- IOL News
Forklift driver challenges dismissal after positive alcohol test from cough mixture
The Labour Court confirmed that a forklift driver who tested positive for alcohol due to a cough mixture should not be fired. Image: File A sip of cough mixture the previous evening and two spoons of the same mixture on the morning before he went to work, was the subject of a prolonged legal wrangle between a forklift driver and his company, after he was at first fired for testing positive for alcohol consumption. The worker, only identified as Mr Tsamse by the Johannesburg Labour Court, was fired by Chill Beverages International, which has a zero tolerance for alcohol intake while at work. The CCMA subsequently overturned his dismissal, but the beverages company now turned to the Labour Court to review the CCMA's finding. Tsamse was employed by the company in June 2017 and served as a warehouse controller at the time of his dismissal for alleged gross misconduct after failing a breathalyser test. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The beverage company manufactures and distributes various beverages, some containing alcohol. As a forklift driver, Tsamse had to transport raw materials, including bags weighing up to one ton of sugar or containers of up to 1,000 litres of liquid ingredients. The company argued that its zero tolerance policy prohibits employees from having any intoxicating substances in their bloodstream during working hours, and they are forbidden from using any alcohol during work or within six hours before the start of their shift. It said higher levels of alcohol would automatically lead to a disciplinary hearing and possible dismissal. On the day in question, Tsamse was an hour late for work and, as usual, he was subjected to a breathalyser test when he entered the factory. He tested positive and had to undergo the test several times. The company also used different devices to ensure that the initial device was not faulty. Tsamse was required to wait in the canteen, where he could eat and drink before being re-tested. He was tested again and failed once more. He submitted that he had used medication and was unaware that it contained alcohol. The CCMA commissioner who initially overturned his dismissal noted that he did not smell of alcohol and displayed no visible signs of being intoxicated. It was also noted that he was a first offender with six years of service at the time of his dismissal. Tsamse maintained that he did not consume any alcohol the day before his shift or on the morning of his shift. He was unwell the day before and had obtained a cough mixture from a neighbour. He took some cough mixture in the evening before his shift and two teaspoons of the same mixture before walking to work on the morning of his shift. He explained that he was unaware that the cough mixture contained any alcohol, as he did not read the label. Thus, he said, he had unknowingly contravened his employer's no substance policy. A manager at the company explained that an employee working on machinery while under the influence posed a serious occupational and health risk, thus the zero-tolerance approach. The commissioner, in earlier overturning Tsamse's dismissal, found no evidence to suggest that he had consumed alcohol the evening before or on the morning of his shift. He also agreed that Tsamse was not intoxicated and showed no signs of drunkenness. In asking for this ruling to be overturned, the company questioned the conclusion that Tsamse was negligent for not reading the label on the medicine bottle, but that the policy had not been breached. The Labour Court, however, turned down the review and found that the commissioner's findings were reasonable under the circumstances.
The South African
14-07-2025
- Business
- The South African
HOW social media posts could cost you your job
South African employees are quickly learning that their online activity – even outside of work hours – can have serious consequences in the workplace, as recent legal rulings confirm that social media posts made on personal profiles can lead to dismissal. The Labour Court recently upheld the dismissal of an employee who made racial and derogatory posts on Facebook while on holiday. The court found that the posts exposed the employer to reputational harm, especially as the employee's profile clearly listed their place of work. Legal experts are warning workers to be cautious. Emma Sadleir, a digital law specialist, said South African law is 'catching up with workers' by actively holding them accountable for inappropriate online behaviour. The Commission for Conciliation, Mediation and Arbitration (CCMA) has also shown consistency in similar cases, ruling that if social media posts bring an employer into disrepute, dismissal may be justified – regardless of whether the post was made during personal time. With the increasing prevalence of remote work, the line between professional and personal online activity is becoming increasingly blurred. 'There is no such thing as a strict separation between personal and professional identity online,' experts caution. Employees are urged to think twice before posting, particularly if there is a chance the content could damage their employer's reputation or raise a conflict of interest. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Irish Independent
11-07-2025
- Business
- Irish Independent
Minimum wage for security workers to rise to €15.41 per hour
Minister of State for Employment, Small Business and Retail, Alan Dillon, confirmed today that he has signed an employment regulation order to increase wage rates by 6pc. The pay hike will apply from July 22. Minimum rates for workers in the security industry will rise from €14.50 to €15.41 per hour. The national minimum wage that applies to all workers – bar those included in these sectoral agreements - is currently €13.50 an hour. Minister Dillon said the order will provide a welcome and deserved pay increase for workers in this important sector. He said a well-functioning security sector ensures public safety and is essential for the operation of a wide range of other industries and public services including retail, entertainment and banking. 'I recognise that this is a sector which has seen significant growth and professionalisation over recent years and I welcome that this ERO will provide greater certainty and stability for both workers and employers in this sector,' he said. He said he is strongly supportive of the state's collective bargaining and wage setting mechanisms, including Joint Labour Committees. 'This Employment Regulation Order is an example of how effective the committee system can be when negotiations are entered into in good faith by both sides,' he said. 'I would like to thank the members of the Joint Labour Committee for Security and the Labour Court for their work in delivering this positive outcome.' Employment regulation orders are drawn up by Joint Labour Committees and set minimum pay rates and conditions of employment for some industries. The Joint Labour Committees are composed of employer and employee representatives. They set minimum hourly rates of pay for workers in different sectors, including contract cleaning and childcare. The committees' employment regulation orders are adopted by the Labour Court and given legal effect by the Minister for Enterprise, Trade and Employment.
Irish Examiner
05-07-2025
- Business
- Irish Examiner
Trump's tariff threat reignites union push in Ireland's billion-euro pharma sector
As negotiations between the European Commission and the US conclude after almost 90 days of talks, an agreement has been deemed 'absolutely essential' to ensure a level of certainty for Irish exporters reliant on the US market. Among them is Ireland's mammoth pharmaceutical sector, a cornerstone of the national economy, which, since US President Donald Trump's 'Liberation Day' announcement, has remained stuck in the cross-hairs of his global tariff onslaught. Ireland is one of the largest pharmaceutical exporters in the world due to the several large US firms operating here, with their earnings contributing significantly to the Exchequer's corporation tax receipts. While initially excluded from punitive measures, the booming industry now faces renewed scrutiny from Mr Trump, which, in his view, has flourished at America's expense. After calling out Ireland specifically for benefiting from US companies, Mr Trump last month said tariffs on pharmaceuticals would come 'very soon,' which would help bring multinationals back to America. Historically, Ireland's pharmaceutical sector has been defined by stable demand and high-paying salaries, particularly within the industry's epicentre in Cork, which hosts pharma giants Merck, AbbVie, Gilead Sciences, Pfizer, Johnson and Johnson, Thermo Fischer Scientific, Eli Lilly and GE Healthcare, among others. The concentration of these firms has made Ireland's southern region the wealthiest area in the European Union (EU), recording the largest GDP per capita in 2022, according to Eurostat. Despite this economic strength, collective bargaining in the sector has remained relatively limited. However, with rising uncertainty and looming tariff fears, momentum for unionisation is growing. 'We saw a sharp spike in union membership following Trump's 'Liberation Day' announcement,' says Siptu Manufacturing Divisional Organiser Neil McGowan. The trade union currently counts some 13,500 members from the pharmaceutical industry, the majority of whom are based in Cork. 'There's a lot of uncertainty in the air at the moment. I think Liberation Day made a lot of workers sit up and think, 'Are we really ready for what could happen?' Mr McGowan told the Irish Examiner. However, unionisation efforts have presented mixed results, he said, with some companies refusing to recognise or interact with Siptu when addressing worker disputes. 'It can be incredibly frustrating at times. We have members who want us there, who want to bargain collectively, and their company refuses to acknowledge us,' Mr McGowan said. But the fight doesn't stop there. Last month, trade union members at the Kinsale branch of US pharmaceutical giant Eli Lilly welcomed a Labour Court recommendation urging their employer to allow for collective representation by Siptu during workplace disputes. Union members at the Kinsale branch of US pharmaceutical giant Eli Lilly welcomed a Labour Court recommendation urging their employer to allow for collective representation by Siptu during workplace disputes. '[Eli] Lilly staff are on a journey for recognition, but senior management doesn't want to acknowledge us,' says Siptu sector organiser, Andrea Cleere. 'It has been denying our members the right to be supported by the union in individual workplaces, which is contrary Workplace Relations Commission's Code of Practice." But as Ms Cleere points out, Labour Court findings are reliant on the company choosing to acknowledge them. 'This is the problem with Ireland's weak voluntarist model of industrial relations. 'It allows companies to flout the Labour Court whenever it sides with workers seeking their basic human right to bargain collectively.' In May, workers at the Cork branch of pharmaceutical giant AbbVie served a notice of industrial action after the company refused to engage with employees' chosen trade union. Ms Cleere says AbbVie opted not to acknowledge the union despite workers securing two Labour Court recommendations urging the employer to recognise Siptu for collective bargaining purposes. "Numerous attempts to resolve issues of pay and union recognition through negotiations were refused by management,' Ms Cleere told the Irish Examiner. 'Companies simply don't need to do anything, meaning circumstances are always stacked against the worker.' 'Employee rights can be so easily forgotten. We pump money into big firms through the IDA or Enterprise Ireland without any requirement that they take care of their workers.' An AbbVie pharmaceutical manufacturing facility in Sligo. In May, workers at the Cork branch of pharmaceutical giant AbbVie served a notice of industrial action after the company refused to engage with employees' chosen trade union. In a statement to the Irish Examiner, Eli Lilly said: "Lilly does not comment on specific employee relations matters. "Our direct employee engagement model promotes open communication and teamwork, creating an inclusive work environment where all voices are heard. We prioritise transparency and mutual respect, empowering our employees to contribute to our mission." AbbVie did not respond when contacted for comment. While layoffs in the pharmaceutical sector remain unlikely, Mr McGowan says worker concerns extend far beyond just job cuts. 'Pay is always a significant issue, but more than anything, people just want to have their say. Oftentimes, large multinationals operating in Ireland have decisions made by their foreign headquarters, which can be very frustrating for those here on the ground. 'Irish pharma remains particularly exposed to Trump's tariff threats, as do these workers. They deserve to have a voice.' But as the organiser notes, sometimes not having a union recognised is the least of their concerns. 'Union-busting is extremely prevalent in the pharmaceutical industry and happens on nearly every site. 'We have outside meetings where members fear being followed by senior management. We've heard cases of staff being guilt-tripped and being made to feel like they're damaging the company's reputation. 'Life at work can be made very difficult for union members. From bogus disciplinary measures to exclusion, people often pay the price for being part of a union. We've even seen cases of people being paid off by their company for taking part in union activity.' At around 35%, trade union coverage in Ireland is notably weak in a European context, falling far below the EU average of around 60%. Despite implementing an EU Directive last year requiring an action plan to raise coverage to over 80%, Ms Cleere says the Government has done the 'bare minimum' to increase the strength of trade unions. The EU Directive of Adequate Minimum Wages calls on the governments of EU Member States to draw up an action plan to increase collective bargaining coverage in their economies to over 80%. Countries below the mandated 80% figure will be asked to provide a framework to further enable conditions for collective bargaining as well as establish an action plan to promote collective bargaining and increase coverage rates. Although the directive does not set a specific deadline for the adoption of the action plan, the European Commission has urged member states with a collective bargaining coverage below 80% to establish them by the end of 2025 'at the latest'. Approached by the Irish Examiner, a spokesperson for the Department of Enterprise said the Government was committed to publishing the action plan by the end of 2025. 'A public consultation on the possible content of the action plan was held by the Department of Enterprise, Tourism and Employment recently.' 'The outcome of the consultation process will help guide the Department in finalising the proposals, both legislative and administrative, which may be considered for inclusion in the action plan,' the spokesperson concluded. But as Ms Cleere argues, bold measures are needed to bring Ireland's coverage rate to the EU requirement. 'If the Government is serious about increasing coverage, companies need to be penalised if they refuse to recognise unions.' 'We've seen time and time again that unionised companies are more productive than their non-unionised counterparts. 'It is in the pharma industry's best interest to do this, it's just a shame it can't see that on its own.'
