The wearing of trade union T-shirts in the workplace has been a sensitive issue for many South African employers, especially in workplaces where there is inter-union rivalry. The Labour Court has now provided guidance on this issue in the recent decision in NUMSA obo its members in the employ of the Respondent v Transnet.
What does this mean for employers?
Employers should be aware that a workplace rule that prohibits the wearing of any trade union clothing during working hours breaches sections 4(2)(a), 5(2)(c)(iii) and (vi) of the LRA, and if challenged, the rule will be set aside if no justifiable reason for the prohibition can be provided.
Assessed: 3 December 2018