COLLEGE OF LAW AND MANAGEMENT STUDIES

SCHOOL OF MANAGEMENT, INFORMATION TECHNOLOGY AND

GOVERNANCE

(WESTVILLE CAMPUS)

COLLECTIVE EMPLOYMENT
RELATIONS AND LAW
HRMG3CE

MODULE OUTLINE 2020

SEMESTER TWO

This document contains important information. Please read it

carefully and retain it throughout the semester.

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PURPOSE OF THIS MODULE

This semester module deals with the theory and practice of collective employment relations
within a legislation specific context. Once you have successfully completed this module, you
should be well equipped to understand and deal with many of the employment relations
challenges you are likely to face in your future working life, whether as an employment
relations specialist, line manager or policy maker.

LEARNING OUTCOMES
The broad expected learning outcomes for this module are:
 you will understand and be able to describe the nature of the South African
employment relations system within a context of societal demands for economic
growth and social justice;
 you will understand and be able to describe the reasons for, and content of different
paradigms of employment relations;
 you will understand and be able to describe theoretical origins of conflict in the
workplace, factors which mediate conflict behaviour and possible behaviours
themselves within a paradigm which accepts the need to institutionalize conflict;
 you will have basic knowledge of the South African legal framework relating to
collective employment relations and the ability to make use of statutes as a source of
legal information, and to apply this information in a systematic way to given
hypothetical practical situations;
 you will have an ability to take a broad critical view of law as an environmental factor
in the employment relations system;
 you will, on an individual basis, as well as part of a working group, be able to
research a given topic and be able to present a clear synthesis of the topic;

*more specific and detailed learning outcomes and details of the specific topics covered are
provided in the document entitled ‘COLLECTIVE EMPLOYMENT RELATIONS AND LAW-
TOPIC SCHEDULE 2019’

PRESCRIBED TEXTBOOKS

1. Bendix, S. 2019. Labour Relations: A Southern African Perspective (7th Edition)

2. Finnemore, M. 2013. Introduction to Labour Relations in South Africa (11th edition)

3. Labour Relations Act 66 of 1995 (Republic of South Africa)

RECOMMENDED TEXTBOOKS

1. Venter, R & Levy, A. 2015. Labour Relations in South Africa (5th Edition)

2. Finnemore, M. 2013. Introduction to Labour Relations in South Africa (11th edition)

3. Grogan, J. 2012. Collective Labour Law

NB: In addition to the above text book and Act, students are required to review a wide range
of literary material applicable to enhance their understanding. Students may be referred to
supplementary material from time to time. All work covered during the semester will form an
integral component of the module and students may be assessed on any of the work
covered.

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MODULE COMMUNICATION

In addition to announcements during lectures, module communication will take place via the
Moodle. It is the students’ responsibility to view such notices on a regular basis. Note
specifically that:
 Test/assignment marks will be posted online as soon as these become available.
 Any amendment to the course outline or any other important announcements will be
posted on Moodle.
Communication posted on Moodle and /or student’s central will be deemed to have the same
effect as if the notices have been handed to students personally. Please check your emails
regularly as this is another important form of communication with students.

Please note:
 Your lecturer will not be able to cover all material in each chapter. He/she will
highlight key points and discuss additional material. It is your responsibility to cover
material not covered in class.

DP REQUIREMENTS

There is a 40% DP requirement for the module i.e. Students who are registered for the
module at the date of examination will be allowed to write the examination provided they
attain a minimum 40% DP. Failure to write the main test or ineligibility to write the
aegrotat/make-up test will result in a zero weighting towards the DP.

ASSESSMENTS
Assessment will consist of an assignment and a class test (40% weighting).

No. TASK PERCENTAGE

1. Individual Assignment 15%
2. Class test 18%
TOTAL 33%

ASSIGNMENTS

A student is required to choose a topic on which he/ she will submit a WRITTEN
ASSIGNMENT of not longer than seven (7) pages including the table of contents and
bibliography. The written assignment should not have less than ten (10) references
including textbooks, journal, newspaper articles, magazines, and thesis (list is not
exhaustive). It is recommended that relevant cases be cited where possible. Assignments
must be submitted to the course Administrator’s office, Nomenzi Ntsele (Mimmie) Office.

Assignments must be typed with a 12 print font and 1.5 spacing between lines. Assignments
must be properly structured and referenced according to the Harvard System of referencing.
Assignment would be assessed in terms of research and use of evidence, analysis and
argument, linking theory and practice and structure and style. Assignments have to be
handed in together with the School’s standardized declaration cover page.

All cases of plagiarism and cheating by students will be referred to the University Student
Disciplinary Tribunal. Deadlines must be strictly adhered to. Marks will be deducted at 5%
per day or part thereof unjustified late submission. If after 10 days past due date you have
still not submitted the written work, a zero mark will be given.

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 Assessments
DATE TIME VENUE
Test 1 28 October 2020 (33%) 09:35 – 10:30 (Double Lectures) Moodle (Online)
Test 2 18 November 2020 (33%) 09:35 – 10:30 (Double Lectures) Moodle (Online)
Assignment 06 November 2020 (34%) 09:35 – 10:30 (Double Lectures) Moodle (Online)

NB. Students who will not be able to write a test due to illness, he or she is required to
submit a doctor’s medical certificate. Failure to submit a medical certificate a student will not
be allowed to write agro-tat. All medical certificates are going to be verified before a student
can write.

FINAL EXAMINATION
The final examination will consist of one 3 hour paper (67% weighting).

TIMETABLE/ LECTURE VENUE

As per the advertised time-table. Unfortunately the time-table will not be subject to change.
Students must attend at least 80% of all contact sessions. Registers will be maintained to
regulate class attendance.

COURSE LECTURERS
All academic queries should be directed to your lecturer after the lecture or during the
consultation times, details of which appear on the lecturer’s office door.

Dr Benson Plaatjies Email: Plaatjies@ukzn.ac.za

M - Block, 2nd Floor, Room 227 Telephone: 031 260 7254

ACADEMIC DEVELOPMENT OFFICER

Email:

M1-Block: Room 8A Telephone: 031 2608056

ADMINISTRATOR
Ms Ntsele M Email: ntselen@ukzn.ac.za
M-Block: M238 Telephone: 031 260 2596

PROFESSIONAL COUNSELING SERVICES

Perumal P. Email: perumala@ukzn.ac.za

I look forward to working with you and trust that you will find the course to be challenging
and informative.

ASSIGNMENT COVER SHEET (COMPULSORY)

UNIVERSITY OF KWAZULU-NATAL
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 SCHOOL OF MANAGEMENT, IT & GOVERNANCE
COVER SHEET

To be completed and attached to Collective Employment Relations and Law

assignment.

Surname: _____________________________________

First Name: _____________________________________

Student number: _________________________________

Module Name: ____________________________________

Lecturer: ________________________________________

Assignment title: __________________________________

Due Date: ________________________________________

BEFORE SUBMITTING YOUR ASSIGNMENT, PLEASE ENSURE THAT:

You are familiar with the University’s plagiarism policy. For more information about
plagiarism policy see the
PLAGIARISM POLICY AND PROCEDURES Ref CO/05/0412/09.
http://education.ukzn.ac.za/Libraries/Plagiarism_Policy/Plagiarism_Policy_-
_CO05041209_sflb.sflb.ashx

DECLARATION
I, _____________________________________ declare that the attached assignment is my
own work and does not involve plagiarism or collusion.
Signature: ____________________ Date: ____________________

COLLECTIVE EMPLOYMENT RELATIONS AND LAW- TOPIC

SCHEDULE 2020

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 TOPIC SCHEDULE

Starts Topic: Learning Objectives Required Re

21 September Labour Relations Theories  discuss the employment relationship in terms of a systems Finnemore:
or Strategies and model and to be able to distinguish between the different Chapter 1
Comparative Perspective levels at which the system may be analysed;

Introduction, Overview,  to understand and to be able to explain and to understand the

Legislative Framework of problem of conflict and the imbalance of power between Bendix:
Collective Employment individual employees and their employers; Chapter 1 and
 to understand, and to be able to describe and contrast the
contending perspectives of employment relations;
 to understand and be able to explain and discuss the
fundamental goals of the employment relations system i.e.
economic growth and productivity balanced with social
justice and equity.
 To understand social corporatism, social dialogue and
NEDLAC

Environmental influences  to understand factors that influence labour relations; Finnemore:

on Labour Relations  to understand the challenges that impinge on the politics, Chapter 3
economy, and labour relations of the country;
 to understand how labour relations, emerge at different
workplaces.
Parties to the Collective  to understand and be able to explain and discuss conflict
Employment Relationship behaviour in the employment relations system; Bendix:
 to understand and be able to explain and discuss the concept Chapter 4
of institutionalisation of conflict as a necessary condition for
the attainment of ER goals; LRA- ss 1 - 26
 to understand, and to be able to describe the nature of the 97 and 103 - 1
trade union and its functions;
 to be able to list and discuss the factors that may encourage or LRA ss 78 -94
discourage TU membership.
 to understand and to be able to describe the role of the state
(as a secondary party) in the employment relationship;
 to understand the role of Employers and Employer
Organisations;
 Trade Union recognition and recognition criteria;
 Trade Union registration, general rights and specific
organisational rights,
 The closed- and agency-shop agreement
 an overview of the formation and functioning of Workplace
forums
Collective Bargaining  To understand and be able to explain and discuss Bargaining Bendix:
Forums & Agreements; Councils, Statutory Councils, Recognition Agreements. Chapter 5
and  To understand the concept of workplace Democracy and
Workplace Democracy and Workers participation; Bendix:
Workers participation  To understand the introduction of a participation scheme. Chapter 15

LRA ss 27 – 3
38 and 49 – 63

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Traditional Negotiation  To understand and be able to explain concept of negotiation; Bendix:
 To understand and be able to explain issues that trigger Chapter 11
negotiation;
 To understand the issues of conflict and power in the
negotiation process;


Dispute Resolution,  To understand and to be able to explain and apply the Bendix:
Procedures, Processes and concepts of disputes of interest and disputes of right; Chapter 12
institutions  To understand and be able to explain and discuss the
LRA ss 51 - 52
difference between private and statutory dispute resolution
118, 127 - 134
processes; 158 and 172 to
 To understand and be able to explain and discuss the LRA ss 51 - 52
alternative dispute resolution (ADR) techniques of 118, 127 - 134
conciliation, mediation, arbitration, med-arb and arb-med; 158 and 172 to
to understand the relationship between and dispute resolution
functions of Bargaining Councils, the CCMA, and the Labour
and Labour Appeal Courts.

Strikes & Lock-outs  To understand and to be able to explain and discuss the Right
to Strike and recourse to lockout in South Africa in terms of: Bendix: Chap
Picketing and Protest  the function of the strike in employment relations;
Action  the paradox of the right to strike as a pre-requisite for LRA - ss 64 - 7
achieving labour peace; the LRA
 the possible content of the right to strike;
 the regulation of strike action in SA, including the regulation
of picket action and secondary strikes;
 the difference between protected- and unprotected strikes and
the consequences which flow from this distinction.
 Protest action
 to understand and to be able to discuss the lock-out.

INDIVIDUAL ASSIGNMENTS

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 1. Through social dialogue, the National Economic Development and Labour Council
(NEDLAC) served to begin the process of knitting South Africa’s social fabric
following the fall of apartheid, whilst simultaneously building investor
confidence….Perhaps, however, its most conspicuous role has been the continued
negotiation of the labour relations dispensation through the development of South
African labour legislative framework and its on-going refinement [Venter, R. & Levy,
A. (eds) (2014) Labour Relations in South Africa, 5th Edition, p.35] . 

Critically evaluate the role of NEDLAC and thereafter examine the above statement
in light of the role of both societal corporatism labour relations system and social
dialogue in the context of NEDLAC in South Africa. 

2. Critically discuss how recognition and collective agreements – as part of collective

bargaining - are referred to as having the power to supersede any labour legislation
and potentially become the cornerstone of any collective employment relationship.

3. Strike and lockout actions constitute the most important and most sensational aspect
of labour relations. While these actions are important, they need to be handled with
care. They are only part of a web of interrelated processes and should preferably
constitute the last resort following a period of protracted negotiation.” [Bendix, S
(2015) Labour Relations: a Southern African Perspective, 6 Edition, p.554].  

In light of the above statement, give a full account of how strikes and lockout are
regulated in South Africa; indicate the different types of strikes and lockouts
respectively and in your discussion indicate how South African organisations deal
with unprotected strikes.