My two cents worth... some aspects of the BCEA refers to:
RIGHTS AND DUTIES OF EMPLOYERS AND EMPLOYEES
Employer duties
The duties of the employer arising out of the common law contract of employment include:
Ø To take reasonable precautions to provide a safe and healthy working environment. If the employer does not take these reasonable precautions, the business could be sued for damages by an employee who suffers injury or illness as a result of such failure.
Employee Duties
The employee’s duties, in return for the rights achieved from the employer, are as follows:
Ø To tender full performance. This means that the employee should arrive on time for the start of his shift and work faithfully and diligently for the duration of that shift. Should the employee only tender partial performance, the commercial rationale in the contract of employment, which the employer expected, becomes diluted.
2. SOUTH AFRICA’S LABOUR LEGISLATION AND THE RIGHTS OF WORKERS
Below is a broad range of rights conferred to workers through legislation and as defined by the International Labour Organisation.
These rights are described by the Department of Labour as follows:
Ø The right to negotiate and bargain collectively
Ø The right to protection of Safety and Health
Ø The right to security in the event of injury on duty
Ø The right to job security and protection against unfair labour practices
The above I believe highlights some important aspects...
One, that Solenta may in fact be allowed to send pilots there - for the good of Solenta - do they actually have a choice????
Two, that (with all respect), maybe Solenta's should post some information on the security provided (if indeed there is any) by Solenta to ensure safe working environment. I know that a South African company has been contracted to provide some - what is the extent?
Three... Solenta may be liable for any consequences of injury or death as a result of sending their pilots there. I submit pilots have a right to know details of the insurance and if indeed the country is covered. If not, most courts would surely feel a pang of pity for the pilot and would ask the question, "if your insurance wont cover you, how can you expect your pilots to go in good faith"!
Four... just on the first three points alone, it seems that more communication is required here. It seems that the situation has been handled badly and that there should be more bilateral communiation. In all experience surely there is nothing that cant be resolved by communication - BOTH SIDES! Maybe everyone is in the wrong here. Pilot and company, but either way, a company has to generate income, and based on the fact that it is DHL - big client - must have pressure from them! DHL should surely get involved and take responsibility also, not only Solenta!!! Pilots have a right to safety and security. It makes sense for Solenta to use the crew already there, and it must be costing having aircraft sitting... plus jobs are scarce and there are company's out there alot worse to work for than Solenta surely?
On talking to one of the Directors of Solenta, he took time to explain security issues, insurance issues, and emphasised to me that he was unhappy to hear of complaints since he is largely unaware of any...! Just repeating what I heard, thats all!!! Having said that... wouldnt like to get a letter from my MD like that!!!
