As it is no surprise that the National Lockdown brought on by the World Wide Covid-19 Pandemic has had and immeasurable effect on job security and in turn caused instability in the workforce, it has become essential to educate oneself with one rights in particular to protect that very sacred asset being job security. This article in short aims to focus on the effects that an expired PSIRA certificate has on the employment and/or employability of a security guard.
As a starting point one has to strip the argument down to its bear essence in order to fully understand one rights by examining the legislation or law that governs the private security industry.
The operation of the private security industry is regulated by PRIVATE SECURITY INDUSTRY REGULATION ACT 56 OF 2001 (Here after referred to as the “Act”) as well as the CODE OF CONDUCT PRESCRIBED UNDER THE PRIVATE SECURITY INDUSTRY REGULATION ACT, 2001 (ACT NO. 56 OF 2001) as prescribed by the Minister and accompanying the Act. Although this act seems long and tirelessly strung, it soon becomes clear that the Act largely regulates the conduct and duties of the Employer, and not that of the Employee.
Section 11 (3) of the CODE OF CONDUCT PRESCRIBED UNDER THE PRIVATE SECURITY INDUSTRY REGULATION ACT, 2001 (ACT NO. 56 OF 2001) stipulate that the Employer is prohibited from employing any person or allowing any person to render security services if that person requires a legal power, status, license, permit, authorisation, accreditation, registration, level of training, skill, knowledge or qualification that the security officer does not have.
Although Section 11(3) seems to spell doom and gloom for all those that has an expired PSIRA certificate, this is not the case. PSIRA maintain the argument that if the PSIRA certificate of a Security Guard were to expire the security guard may still be employed and/or employable as a result thereof as this does not effect the Security Guards Registration Status with PSIRA as it is only the certificate that has expired.
It might be prudent to study your employment agreement in this regard. The failure of a security guard to reinstate his PSIRA registration may constitute a breach within the ambit of the employment agreement. A valid PSIRA registration remain a material term to a contractual relationship between a security guard and his employer.
In this instance the Employer will be able to formally place a security guard in breach of the employment agreement and allowing a period as prescribed in the Employment Agreement to rectify the breach (reinstate membership).
In conclusion if you would happen to have an expired PSIRA Certificate, follow the following basic steps to ensure you are covered by law and minimising your chance of a dismissal:
STEP 1:
properly examine your employment contract;
STEP 2:
ensure that you timeously start the process of renewing your PSIRA certificate;
STEP 3:
notify your employer and assure your employer that you are in the process of renewal of your PSIRA Certificate;
STEP 4:
If you feel that you are being unfairly dismissed contact your legal advisor to assist you further therein.
Author: Carel J Dauth, Candidate Attorney.
