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 [...]
When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences. If parties cannot resolve the dispute through careful consideration and discussion, the question becomes, “What happens when parties reach a deadlock?” Typically, Employees may then strike. However, [...]
Employment relationships rarely remain unchanged for prolonged periods. Employer’s requirements may occasionally vary, necessitating an employment contract amendment. Alternatively, Employees may feel the need to have their contract of employment amended for some reason. For example, the Employee may request a pay increment or the introduction of a specific benefit not enjoyed in the current [...]
National Level Bargaining in South Africa is a form of Collective Bargaining between large Trade Unions and Employer Organisations at a national level. This means that negotiations on employment conditions and terms of work, including wages and benefits, occur between prominent Trade Unions and Employer Organisations, as opposed to negotiations at an individual workplace level. [...]
Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act (LRA) are necessary to level the playing field. Section 23 of the Constitution of the Republic of South Africa gives everyone the right [...]
What process should be followed when it comes to Plant-Level Negotiations? Plant-level negotiations can best be described as formal discussions between Employers and Employees who have different aims or intentions, particularly in the workplace, during which they try to reach an agreement. This form of negotiation within a specific workplace can be conducted informally in [...]
The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]