The Unregistered Guard
You are a security officer employed by a small security company. Your supervisor asks you to work at a client's site for two nights because another guard is sick. You have completed your PSIRA Grade E training but your PSIRA registration card has not yet been issued. Your supervisor says, 'Don't worry, I'll sort out the paperwork later. Just wear this uniform and do the job.' The client is expecting a registered security officer. You know that working without registration is against the law. The site is a small warehouse with a single entrance. The shift is from 18:00 to 06:00. Your supervisor is not on site and will not visit. You need the money, and refusing might upset your supervisor.
1. What should you do in this situation, and why?
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You should refuse to work until your PSIRA registration is issued. The Private Security Industry Regulation Act requires all security officers to be registered with PSIRA before performing security work. Working unregistered is a criminal offence and could result in a fine or imprisonment, and it also puts the client at risk. Your supervisor's instruction is unlawful. You should explain this to your supervisor and offer to work only once your registration card is in hand. If your supervisor insists, you should report the matter to PSIRA or your company's management. Accepting the shift would make you complicit in illegal activity and could jeopardise your future registration.
2. If you refuse and your supervisor threatens to fire you, what are your rights and options?
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You have the right not to be dismissed for refusing to commit an illegal act. Dismissal under these circumstances could be an unfair labour practice. You should document the supervisor's instruction and threat, and report it to your company's HR department or the director. If the company does not address it, you can approach the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Department of Labour. You should also consider reporting the supervisor to PSIRA, as instructing an unregistered person to work is a violation of the PSIRA Code of Conduct. Keep a record of all communications.