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Why does CEO Request Mandates from their Members for Collective Bargaining Purposes?

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 [...]

2023-06-02T08:50:27+02:00June 2nd, 2023|General, Labour Relations Act, Strikes, Theme|0 Comments

What process needs to be followed to resolve disputes at Plant Level?

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 [...]

2023-06-02T08:48:42+02:00June 2nd, 2023|General, Labour Relations Act, Strikes, Theme|0 Comments

What process needs to be followed to resolve disputes at Industry Level?

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 [...]

2023-06-02T08:46:42+02:00June 2nd, 2023|General, Labour Relations Act, Strikes, Theme|0 Comments

Who is allowed to embark on a Strike when parties reach a deadlock at National Level?

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 [...]

2023-05-22T15:39:15+02:00May 22nd, 2023|General, Labour Relations Act, Strikes, Theme|Comments Off on Who is allowed to embark on a Strike when parties reach a deadlock at National Level?

We’ve Reached a Deadlock. Now What?

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, [...]

2023-05-18T12:23:37+02:00May 10th, 2023|General, Labour Relations Act, Theme|Comments Off on We’ve Reached a Deadlock. Now What?

Should an Employer conduct a feasibility study prior to the commencement of negotiations?

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 [...]

2023-05-18T12:25:07+02:00April 24th, 2023|General, Labour Relations Act, Theme|Comments Off on Should an Employer conduct a feasibility study prior to the commencement of negotiations?

Understanding National Level Bargaining in South Africa

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. [...]

2023-05-18T12:29:35+02:00April 17th, 2023|General, Labour Relations Act, Theme|Comments Off on Understanding National Level Bargaining in South Africa

The role of Collective Bargaining in South Africa

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 [...]

2023-05-22T15:32:19+02:00April 10th, 2023|General, Labour Relations Act, Theme|1 Comment

Plant-Level Negotiations

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 [...]

2023-05-18T12:32:34+02:00April 3rd, 2023|Arbitration, General, Labour Relations Act, Strikes, Theme|Comments Off on Plant-Level Negotiations

The importance of witness testimony at Arbitration proceedings

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 [...]

2023-05-18T12:34:40+02:00March 27th, 2023|Arbitration, General, Theme|Comments Off on The importance of witness testimony at Arbitration proceedings
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