SARACCA – strict compliance

Geoff Hobbs of Techniskills was recently requested by certain parties to attend a CCMA appeal, to give evidence as to the validity and origin as well as purpose of the Pressure Equipment Regulations (PER) Act.

A company had found it necessary to dismiss an employee after he had failed to successfully complete his PER certification, on his third attempt.

In terms of the Department of Labour mandate to the South African Qualification and Certification Committee for Gas (SAQCC Gas) and the South African Refrigeration and Air Conditioning Contractors Association’s (SARACCA) mandate to providers, based on the evidence presented, with precise dates and attempts, the Commission for Conciliation, Mediation and Arbitration (CCMA) commissioner was obliged to rule in favour of the company. The company had done all it could to ensure its own and its employee’s compliance with legislation.

The last aspect to this was the fact that the employer had a very specific delegation of appointment and duties. Had he not ensured that the employee was appointed to a specific function, there would have been a risk that a non-performing employee may have been required to be accommodated in a lesser role that did not require this certification. The CCMA agreed that by not attaining the required legislative certification, the employee had incapacitated himself.

The above instance makes it evident that air conditioning and refrigerating contractors do not compromise in following the protocol of the PER, even if it means dismissing unfit employees.

Companies who have candidates with certain components of the certification outstanding need to ensure that the candidates complete this soonest. The recognised training providers are always available to offer the Safe Handling of Refrigerants Under Pressure training for registration with SAQCC Gas.

 

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