L.

U 7 – LRA
OUTCOMES

 Explain the purpose and objective of the LRA;

 Explain which persons are covered by the provisions of the LRA and
which not;
 Discuss the meaning and effect of “freedom of association and
other protections” as provided for in the Bill of Rights and s 4 – 8 of
the LRA (see LU1 above);
 Discuss the establishment, functions, governing of and the finances
of the CCMA. [Ch. VIII of the LRA];
 Apply all theory referred to above to a given factual scenario
Explain the purpose and objective
of the LRA
 The Act is applicable to every employer and employee (Theme 2) in
every industry, trade, undertaking or occupation in South Africa.
 The Act does not apply to members of:
 The National Defence Force.
 The National Intelligence Agency.
 The South African Secret Service.
 The South African National Academy of Intelligence.
Explain which persons are covered by the provisions
of the LRA and which not;

LRA (Amendment to S198: Temporary Employment Services (TES))

 If the client of a temporary employment service is jointly and
severally liable or is deemed to be the employer of an
employee:
 The employee may institute proceedings against either the
temporary employment service or the client or both the temporary
employment service and the client
 A labour inspector acting in terms of the BCEA may secure and
enforce compliance against the temporary employment service or
the client as if it were the employer, or both
 Any order or award made against a temporary employment service
or client may be enforced against either.
 A temporary employment service must provide an employee whose
service is procured for or provided to a client with written particulars
of employment that comply with the BCEA S29, when the employee
commences employment.
Explain which persons are covered by the provisions
of the LRA and which not;

LRA (Amendment to S198: Temporary Employment Services (TES))

 A ‘fixed term contract’ means a contract of employment that
terminates on:
 The occurrence of a specified event
 The completion of a specified task or project or
 A fixed date, other than an employee’s normal or agreed retirement
age
Explain which persons are covered by the provisions
of the LRA and which not;

LRA (Amendment to S198: Temporary Employment Services (TES))

 An employer may employ an employee on a fixed term contract or successive fixed term contracts
for longer than three months of employment only if:
 The nature of the work for which the employee is employed is of a limited or definite duration or
 The employer can demonstrate any other justifiable reason for fixing the term of the contract.
 Without limiting the generality of the previous subsection, the conclusion of a fixed term contract will be
justified if the employee:
 Is replacing another employee who is temporarily absent from work
 Is employed on account of a temporary increase in the volume of work which is not expected to
endure beyond 12 months
 Is a student or recent graduate who is employed for the purpose of being trained or gaining work
experience in order to enter a job or profession
 Is employed to work exclusively on a specific project that has a limited or defined duration
 Is a non-citizen who has been granted a work permit for a defined period
 Is employed to perform seasonal work
 Is employed for the purpose of an official public works scheme or similar public job creation scheme
 Is employed in a position which is funded by an external source for a limited period or
 Has reached the normal or agreed retirement age applicable in the employer’s business.
Explain which persons are covered by the provisions
of the LRA and which not;
LRA (Amendment to S198: Temporary Employment Services (TES))
 A part-time employee is an employee who is remunerated wholly or
partly by reference to the time that the employee works and who
works less hours than a comparable full-time employee.
 This section does not apply:
 To employees earning in excess of the threshold determined by the
Minister in terms of section 6(3) of the Basic Conditions of Employment Act
 To an employer that employs less than 10 employees or that employs less
than 50 employees and whose business has been in operation for less
than two years, unless:
 The employer conducts more than one business or
 The business was formed by the division or dissolution, for any reason, of
an existing business
 To an employee who ordinarily works less than 24 hours a month for an
employer and
 During an employee’s first three months of continuous employment with
an employer.
Explain which persons are covered by the provisions
of the LRA and which not;
LRA (Amendment to S198: Temporary Employment Services (TES))
 Taking into account the working hours of a part-time employee,
irrespective of when the part-time employee was employed, an
employer must:
 Treat a part-time employee on the whole not less favourably than a
comparable full-time employee doing the same or similar work,
unless there is a justifiable reason for different treatment and
 Provide a part-time employee with access to training and skills
development on the whole not less favourable than the access
applicable to a comparable full-time employee.
 After the commencement of the Labour Relations Amendment Act,
2014, an employer must provide a part-time employee with the
same access to opportunities to apply for vacancies as it provides to
full-time employees.
 Disputes must be referred to CCMA/bargaining council.
 Justified reasons for less favourable treatment can be based
upon seniority, experience, merit or quality/quantity of work.
Discuss the meaning and effect of “freedom of
association and other protections” as provided for in
the Bill of Rights and s 4 – 8 of the LRA
 Every employer has the right:
 To participate in forming an employers' organisation or a federation of
employers' organisations
 To become a member of an employers' organisation, subject to its
constitution.
Definitions:
 Definition of trade union
 An association of employees whose principal purpose is to regulate relations
between employees and employers, including employers’ organisations.
 Definition of employers’ organisation
 Any number of employers associated together for the purpose, whether by
itself or with other purposes, of regulating relations between employers and
employees or trade unions.
Discuss the meaning and effect of “freedom of
association and other protections” as provided for in
the Bill of Rights and s 4 – 8 of the LRA
 In terms of the LRA trade unions and employers’ organisations have
the following rights:
 Determine own rules, constitution and office bearers
 Form federations
 Affiliate with international organisations of choice
 Plan own administration

 To qualify for these rights the trade union or employers’ organisation

must be registered.
Discuss the meaning and effect of “freedom of
association and other protections” as provided for in
the Bill of Rights and s 4 – 8 of the LRA
Disputes:
Discuss the meaning and effect of “freedom of
association and other protections” as provided for in
the Bill of Rights and s 4 – 8 of the LRA
• RIGHT TO PARTICIPATE
Employees: IN THE FORMATION OF
TRADE UNION
EMPLOYEE
• RIGHT TO BECOME A
MEMBER OF A TRADE
UNION

• EMPLOYEE
• MEMBER OF
RIGHT TO:
TRADE UNION
• PARTICIPATE IN LAWFUL
• MEMBER OF ACTIVITIES OF TRADE UNION
FEDERATION • TO PARTICIPATE IN
ELECTIONS OF TRADE UNION
• TO BE ELECTED OR
APPOINTED AS OFFICE-
BEARER, OFFICIAL OR TRADE
UNION REPRESENTATIVE
Discuss the meaning and effect of “freedom of
association and other protections” as provided for in
the Bill of Rights and s 4 – 8 of the LRA
• TO PARTICIPATE IN THE
Employers: FORMATION OF AN
EMPLOYER’S
EMPLOYERS
ORGINISATION
• TO BE A MEMBER OF
AN EMPLOYER’S ORG

• EMPLOYEE
• MEMBER OF
RIGHT TO:
TRADE UNION
• PARTICIPATE IN LAWFUL
• MEMBER OF ACTIVITIES OF EMPLOYER’S
FEDERATION ORG;
• PARTICIPATE IN ELECTIONS;
• TO BE ELECTED OR
APPOINTED OFFICE BEARER,
OFFICIAL OR
REPRESENTATIVE
Discuss the establishment, functions,
governing of and the finances of the
CCMA
 The Commission for Conciliation, Mediation and Arbitration (CCMA) is established as a juristic person
 The Commission must:
 Attempt to resolve, through conciliation, any dispute referred to it in terms of this Act
 If a dispute that has been referred to it remains unresolved after conciliation, arbitrate the dispute if-
 This Act requires arbitration and any party to the dispute has requested that the dispute be resolved through
arbitration or
 All the parties to a dispute in respect of which the Labour Court has jurisdiction consent to arbitration under the
auspices of the Commission
 Assist in the establishment of workplace forums in the manner contemplated in Chapter V and
 Compile and publish information and statistics about its activities.
 The Commission may:
 If asked, advise a party to a dispute about the procedure to follow in terms of this Act
 If asked, assist a party to a dispute to obtain legal advice, assistance or representation
 Offer to resolve a dispute that has not been referred to the Commission through conciliation

P 242 - 243
Discuss the establishment, functions, governing of
and the finances of the CCMA
EMPLOYERS’ ORGINISATION
 Although unions and employers’ organisations are not required to register, it is advisable
 Registration of trade unions and employers’ organisations is done by the Registrar of Labour
Relations.
 The LRA states that only registered trade unions can claim all the rights granted to trade unions,
such as the right to access, to hold meetings on the employers’ premises, and to elect shop
stewards.
 Any trade union may apply for registration on the prescribed form, provided that:
 A name is chosen which cannot be confused with that of another registered trade union
 The trade union has an address in SA
 Its constitution is in accordance with the relevant provisions of the Act
 It is regarded as independent
 The registration process (for unions and employers’ organisations) is as follows:
 Application on the prescribed form
 Submission of form as well as constitution
 Submission of any other information requested by the Registrar
Discuss the establishment, functions, governing of
and the finances of the CCMA
TRADE UNIONS
 All registered trade unions and employer organisations must in terms of
the LRA:
 Keep a register of members, listed names, and paid subscriptions
 Do proper bookkeeping of accounts and records in respect of its income,
expenditure, assets and liabilities
 Prepare annual statements of income and expenditure, and a balance
sheet as at the end of the year within six months of the financial year end
 Present their account books, records and financial statements for an annual
audit
 Obtain a written report from the auditor in which he or she expresses his or
her opinion as to whether the trade union has remained faithful to its
constitution as far as financial matters are concerned
 Present the financial statements and the auditor's report for inspection by
their members and present these documents at a meeting of members or to
their representatives
Discuss the establishment, functions, governing of
and the finances of the CCMA
Bargaining councils and statutory councils
 Establishment
 Parties – only registered
 Constitution – 50 / 50 E.O and T.U
 Registration
 Cancellation of registration
 Functions
 Conclude and enforce collective a
 Prevent and resolve labour disputes
 Establish and administer fund for resolving disputes
 Promote, establish and administer various schemes
 Submit proposals to NEDLAC on policy and legislation that may affect sector or area
 Determine issues that may not be in dispute in a strike or lock-out;
 Industrial support;
 p239
Discuss the establishment, functions, governing of
and the finances of the CCMA
LABOUR COURT
 The Labour Court is hereby established as a court of law and equity.
 The Labour Court is a superior court that has authority, inherent powers and standing, in relation to matters under its
jurisdiction, equal to that which a court of a provincial division of the High Court has in relation to the matters under its
jurisdiction.
 The Labour Court is a court of record
 Powers of the court:
 Make appropriate orders i e interdicts, declaratory orders, directing performance
 Order compliance with any provision of the ACT
 Make arbitration awards or settlement agreements an order of the court
 To request the CCMA to conduct an investigation and submit a report to assist the court.
 To determine disputes between a registered employer’s organisation and trade union over alleged non-compliance with its own
constitution.
 To condone late filing of documents
 To effect reviews of CCMA rulings and awards
 To review any decision taken or act performed by the State in its capacity as employer on such ground permissible in law
 To decide appeals in terms of OHSA
 Generally deal with all matters necessary and incidental to the performance of its functions
Discuss the establishment, functions, governing of
and the finances of the CCMA
LABOUR APPEAL COURT
 The Labour Appeal Court is hereby established as a court of law and equity.
 The Labour Appeal Court is the final court of appeal in respect of all judgments
and orders made by the Labour Court in respect of the matters within its
exclusive jurisdiction.
 The Labour Appeal Court is a superior court that has authority, inherent powers
and standing, in relation to matters under its equal to that which the Supreme
Court of Appeal has in relation to matters under its jurisdiction.
 The Labour Appeal Court is a court of record.
 Labour Appeal Court has jurisdiction in all the provinces of the Republic.
 The seat of the Labour Court is also the seat of the Labour Appeal Court.
 The functions of the Labour Appeal Court may be performed at any place in
the Republic.
Discuss the establishment, functions, governing of
and the finances of the CCMA
LABOUR APPEAL COURT
 Jurisdiction of Labour Appeal Court
 Subject to the Constitution and despite any other law, the Labour Appeal
Court has exclusive jurisdiction:
 To hear and determine all appeals against the final judgments and the final orders
of the Labour Court and
 To decide any question of law
 Powers of Labour Appeal Court on hearing of appeals
 The Labour Appeal Court has the power:
 On the hearing of an appeal to receive further evidence, either orally or by
deposition before a person appointed by the Labour Appeal Court, or to remit the
case to the Labour Court for further hearing, with such instructions as regards the
taking of further evidence or otherwise as the Labour Appeal Court considers
necessary and
 To confirm, amend or set aside the judgment or order that is the subject of the
appeal and to give any judgment or make any order that the circumstances may
require.
Discuss the establishment, functions, governing of
and the finances of the CCMA
WORKPLACE FORUMS
 A workplace forum established in terms of this Chapter:
 Must seek to promote the interests of all employees in the
workplace, whether or not they are trade union members
 Must seek to enhance efficiency in the workplace
 Is entitled to be consulted by the employer, with a view to reaching
consensus
 Is entitled to participate in joint decision-making about the matters
Discuss the establishment, functions, governing of
and the finances of the CCMA
WORKPLACE FORUMS
 A workplace forum is entitled to be consulted by the employer about proposals
relating to any of the following matters:
 Restructuring the workplace, including the introduction of new technology and new
work methods
 Changes in the organisation of work
 Partial or total plant closures
 Mergers and transfers of ownership in so far as they have an impact on the employees
 The dismissal of employees for reasons based on operational requirements
 Exemptions from any collective agreement or any law
 Job grading
 Criteria for merit increases or the payment of discretionary bonuses
 Education and training
 Product development plans