In previous articles on the topic of organisational rights, we have mentioned that when it comes to the establishment of organisational rights at a plant level, the approach that is normally used is to observe section 21 of the Labour Relations Act. However, when it comes to collective bargaining on an industry level, it [...]
Employers and organisational rights generally present themselves like oil and water, a relationship born out of opposing views, with each party trying to obtain the best scenario to suit their relevant constituents, while never really homogenising. While these organisational rights and consequent relationships between the parties may come about born out of the inherent [...]
A Trade Union’s Constitution is like a rule book from which the Trade Union is governed. The Oxford English Dictionary defines a “Constitution” as “A body of fundamental principles or established precedents according to which a state or organisation is governed.” It is also a well-established principle in South African Labour law that a [...]
Section 213 of the Labour Relations Act (LRA) defines a strike and its purpose as a resolution to a grievance or dispute about a matter of mutual interest. There are two types of disputes: A rights dispute and an interest dispute. A rights dispute arises when a person’s entitlement to something in terms of [...]
The point of departure when dealing with a matter of representation is first to identify and interpret the condition that is attached to it. Closed-Shop Agreements, as contained in Section 25 of the Labour Relations Act (LRA), refer to a Collective Agreement between a majority Trade Union and an Employer, which dictates that Employees [...]
The Constitution of the Republic of South Africa guarantees the right to fair labour practices. That right, in turn, includes the right of every worker to join a Trade Union; and every Trade Union has the right to determine its own administration. Section 1 of the Labour Relations Act, 66 of 1995 (LRA), specifies: [...]
Collective Bargaining is a crucial aspect of Labour Law in South Africa. It involves negotiations between Employers and Employees or their respective representative bodies, with the aim of reaching an agreement on the terms and conditions of employment. Employers are often represented in these negotiations by Employers Organisations, such as CEO. One question that [...]
Dealing with disputes at Plant Level can be a complex and challenging process for Employers. Disputes that are not resolved efficiently and effectively can negatively impact productivity and Employee morale, resulting in financial losses and potential legal disputes. In this article, we will discuss the process that Employers should follow when dealing with disputes [...]
Collective Bargaining has become an integral part of labour relations in South Africa. Industry Level Collective Bargaining occurs when organised labour in the form of Trade Unions negotiate with Employers or Employer Organisations such as Consolidated Employers Organisation (CEO) within a specific industry or sector. Many industries have established Bargaining Councils as a result [...]
The Labour Relations Act (LRA) defines a strike as “The partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same Employer or by different Employers, for the purpose of remedying a grievance or resolving a dispute in respect of [...]