It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right to embark on strikes (industrial action). These Constitutionals rights are further entrenched and expanded upon in the Labour Relations Act. While [...]
Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as various court judgments, also present unique challenges regarding workers' rights and employment conditions. Since TES’s pose a unique scenario, trade [...]
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 union’s right to seek organisational rights in the workplace was curtailed by the Labour Appeal Court in Lufil Packaging (Isithebe) (A Division of Bidvest Paperplus (Pty) Ltd) v CCMA [2019] JOL 45056 (LAC). The facts of the matter are as follows: Lufil Packaging manufactures paper bags and other paper-based products, and their business [...]
The most important change brought about by the amendments of the Labour Relations Amendment Act, No. 8 of 2018 (LRA) is the conferral of rights in terms of section 14 and section 16 to minority unions, which have in the past been given exclusively to majority unions. In addition, the amendments allow, if certain conditions [...]