trade_unions

Let’s agree to disagree

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 [...]

2022-09-06T13:34:22+02:00September 6th, 2022|General|Comments Off on Let’s agree to disagree

The Lifespan of a Strike certificate

Does a certificate to strike issued by the CCMA have an indefinite lifespan? This is often the question our members ask, who are constantly reminded by union representatives that they hold a strike certificate and can use it at will. This article aims to address this question and provide clarity on the matter. When a [...]

2022-01-14T10:22:25+02:00January 14th, 2022|Strikes|Comments Off on The Lifespan of a Strike certificate

Vaccination Mandates and Collective Bargaining Agreements

In terms of the media statement dated 14 June 2021, issued by the Minister of Employment and Labour, Thulas Nxesi, it was stated that employers should find a reasonable solution for all parties where employees refuse to be vaccinated for medical and constitutional reasons. This was gazetted in the new direction on occupational health and [...]

2021-08-30T14:14:30+02:00August 30th, 2021|General|Comments Off on Vaccination Mandates and Collective Bargaining Agreements

Collective Bargaining – The Art of Negotiation

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 [...]

2021-07-26T09:49:39+02:00July 26th, 2021|Strikes|Comments Off on Collective Bargaining – The Art of Negotiation

What is required for a trade union letter to be compliant with section 21 of the LRA?

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 [...]

2021-07-08T14:23:28+02:00July 8th, 2021|Labour Relations Act|Comments Off on What is required for a trade union letter to be compliant with section 21 of the LRA?

Collective Bargaining – Building an effective relationship with the Trade Union

The right to strike is something that is entrenched in South African legislation, however, parties sometimes fail to consider the negative effects that a strike may have on employers and employees. Thus it is often of benefit to both parties to try to resolve disputes internally before approaching bodies such as the CCMA or Bargaining [...]

2021-07-05T13:25:08+02:00July 5th, 2021|General|Comments Off on Collective Bargaining – Building an effective relationship with the Trade Union

Misconduct During Strike Action

Violent and lengthy strikes have been a feature of South Africa's industrial relations for a while now. There are very few mechanisms in place to curb violent strikes, even though their effects are visible all over the country. Strikes of this nature have devastating effects on the economy and result in injury to members of [...]

2021-06-23T14:47:53+02:00June 23rd, 2021|Strikes|Comments Off on Misconduct During Strike Action

When can an employer make use of replacement labour?

Section 76(1)(b) of the Labour Relations Act 66 of 1995, as amended (“LRA”), provides: “An employer may not take into employment any person – b. for the purpose of performing the work of any employee who is locked out, unless the lockout is in response to a strike.” Considering the above section, it is important [...]

2021-06-21T11:18:47+02:00June 21st, 2021|Strikes|Comments Off on When can an employer make use of replacement labour?

Picketing and picketing rules

What is it? A picket is a demonstration designed to pressure an employer by encouraging the general public to the reason for the strike and to mobilise support for the strikers' cause.   Where does the right come from? The right to picket derives from Section 17 of the Constitution.  This constitutional right can only [...]

2021-05-17T14:53:31+02:00May 17th, 2021|Strikes|Comments Off on Picketing and picketing rules

Protected and Unprotected Strikes

South Africa is no stranger to industrial strike action and has, in the past, seen extremely lengthy strikes such as the 2014 strike where 70 000 AMCU members employed by Lonmin, Impala Platinum and Anglo-American Platinum downed tools for almost five months. Similarly, as a country, we are all too aware of what devastating consequences such [...]

2021-05-10T12:25:04+02:00May 10th, 2021|Strikes|Comments Off on Protected and Unprotected Strikes
Go to Top