Furthermore, where it is established that the shop steward was indeed committing misconduct in relation to his duties as a shop steward, the limits of the immunity from disciplinary action that should be extended to shop stewards must be determined.” “When shop stewards are dismissed for alleged misconduct committed while performing their duties as shop stewards, the first issue that must be established is whether or not they were, in fact, committing misconduct as employees or whether the alleged misconduct was merely an action ancillary to the duties of a shop steward. In National Union of Mineworkers and Others v Black Mountain Mining (Pty) Ltd 3 BLLR 281 (LC) at Para 36 …, the court held that: Item 4(2) of Schedule 8 of the Labour Relations Act, 66 of 1995, as amended also provides that discipline against a trade union representative or an employee who is an office-bearer or official of a trade union should not be instituted without first informing and consulting the trade union. The trade union representative may also perform any other function agreed to between the representative trade union and the employer. (c) to report any alleged contravention of the workplace-related provisions of this Act, any law regulating to the terms and conditions of employment and any collective agreement binding on the employer to the employer, the representative trade union and any responsible authority or agency. (b) to monitor the employer’s compliance with the workplace-related provisions of this Act, any law regulating the terms and conditions of employment and any collective agreement binding on the employer, (a) to assist and represent the employee in grievance and disciplinary proceedings, Section 14 (4) of the Labour Relations Act, 66 of 1995, provides that a trade union representative has the right to perform the following functions at the request of an employee in the workplace: Can union shop stewards be disciplined for misconduct they committed while performing their duties as workers’ representatives?
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