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One way to promote your employee that won't land you at the CCMA for unfair labour practice

by , 12 April 2013
Did you know that if your reason for promoting an employee is unfair or if you failed to follow a fair procedure in arriving at your decision to promote, you may be guilty of an unfair labour practice? As a result, you could have a claim lodged against you by an aggrieved employee. Read on to find out one technique you can use to promote fairly.

Unfair labour practice is any unfair act or a failure to act on your part as the employer relating to issues like promotion, demotion, training and the provision of benefits to an employee

When it comes to promoting your employees, it's vital you do it right. Getting it wrong could land you at the CCMA for unfair labour practice.

You must ensure you follow a fair procedure when promoting because 'your biggest problem is likely to be that you failed to comply with your own procedures,' warns The Labour Law for Managers Loose Leaf Service.

But you can avoid this by using one sure way that'll ensure your employee has no chance of dragging you to the CCMA.

Use this method to promote an employee fairly

Promote as part of your employee's career development plan. 'The promotion can be part of his career development plan. This means he moves up the ladder into a position more senior than his own, once he's proven himself capable of doing so.

Here's an example by The Labour Law for Managers Loose Leaf Service of how you'd promote an employee fairly as part of a career development plan

One of your managers is nearing retirement. So you're grooming Mickey to take over the position. Your decision to move Mickey into the managerial role shouldn't be challenged provided that:

  • You haven't made promises to other employees that they'd also be eligible for the position. They may hold you to that if it's the case; and
  • Your organisation's policies don't say you must advertise the position in question. 'If the policies say that you must advertise and you fail to do this, it could mean other eligible employees losing out on the opportunity for promotion and claiming unfair treatment,' says the Loose Leaf.

Remember, if you're using this method to promote your employee, you may agree with him that his promotion is subject to a probation period. Whether he'll be moved back into his previous position or face possible termination if he doesn't make the grade is a matter to be agreed upfront.

Using this method to promote your employee will ensure you avoid landing at the CCMA for unfair labour practice.



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