The Department of Employment and Labour stated that inspectors can’t do random inspections without just cause.

Last week, the Economic Freedom Fighters conducted what is said, were inspections at some establishments in the hospitality sector, attracting criticism for invading a space despite not being qualified to do so.

The Employment and Labour Department said that the labour inspectorate service environment was highly regulated in the country and not even inspectors could walk into places randomly without a justifiable cause.

It’s called on employers and workers to empower themselves with the knowledge to prevent the contravention of their rights, including the Protection of Personal Information as provided for in law.

Last week, the Economic Freedom Fighters conducted what it said were inspections at some establishments in the hospitality sector, attracting criticism for invading a space despite not being qualified to do so.

The department’s Inspector-General Aggy Moiloa said that Sections 64 to 66 in the Basic Conditions of Employment Act spelt out who was appointed as labour inspectors and what their rights and powers were.

“For instance, the right to access any workplace at any time. The right to having access to information and certain documents that is within the law. So we don’t second guess ourselves, it’s quite clear,” Moiloa said.

She also explained that even appointed inspectors had limitations.

“So it’s a very highly regulated environment, so you can’t just wake up and say today you are going to conduct an inspection even within the department in such and such a place when you do not have the justifiable delegation. Our inspectors have to go through a rigorous process,” Moiloa.

While it is not clear whether employers opened their books to the EFF upon its visits last week – doing so would be in contravention of the Protection of Personal Information Act.

CONTACT CAPE LABOUR.

For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

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