Negotiations between the employer and Trade Unions are never straightforward. Whether negotiations relate to wages, collective agreements, bonuses, or allowances, finding common ground is generally a tense and lengthy affair. The main aim of negotiation is to resolve the dispute between the parties amicably. The preferred outcome is the opportunity to resolve the dispute at [...]
While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]
In line with Consolidated Employers Organisation’s January theme of discussing the legislative framework that governs labour relations in South Africa, we will focus on the establishment of the National Bargaining Council for the Private Security Sector (NBCPSS) in terms of section 27 of the Labour Relations Act (as amended). The private security sector was formerly [...]
A vast labour relations framework regulates South Africa. It relies on legislation such as the Labour Relations Act or the Basic Conditions of Employment Act for their statutory base. Bargaining Councils play an important role in regulating labour relations and ensuring their enforcement. As a starting point, Bargaining Councils are bodies established by one or [...]
The Employment Equity Act aims to correct the demographical imbalance in the workplace by removing barriers to previously disadvantaged races, women and disabled persons. Chapter 2 of the Act provides a framework of anti-discrimination legislation aimed at placing a positive obligation on all employers to eliminate unfair discrimination in any employment policy or practice. The [...]
A Collective Agreement is defined in the LRA as a “written agreement concerning terms and conditions of employment or any other matter of mutual interest” concluded between a registered trade union and employer. If there is a majority union in the workplace, the agreement may also bind non-union members. Employees who are not parties to [...]
An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]
Once an employer receives the letter demanding higher wages, an increase in pension fund contributions and an endless number of benefits, the inevitable threat of a strike is looming. The collective bargaining process ensues from here. The trade union and the employer try to negotiate at a plant level to reach an agreement. When the [...]
Collective bargaining is the process of negotiations through which a trade union tries to get an employer to formally agree and accept the workplace demands that workers put forward. Workplace demands can include wages, working conditions, union rights, etc. The aim of collective bargaining is to reach an amicable agreement on the workplace demands and [...]
What should an employer look out for when they receive a letter from the Union seeking organisational rights in the workplace in terms of Section 21 of the LRA? The employer must first establish if the notification by the Union complies with the provisions of section 21. Section 21(2) provides as follows: "(2) The notice referred [...]