FINAL WEBINAR FOCUSING ON ASPECTS

FROM UNIT 6,7 AND 8

The Labour Relations Act is the “kingpin” of labour legislation and is the most
complex Act.
This Act has two main objectives.

The aim is to ensure fairness in the employment contract and in dismissals by

the operation of the Commission for Conciliation, Mediation and Arbitration,
the Labour Court and the Labour Appeal Court.

The second objective is to provide a platform for collective bargaining, in the

hope that labour disputes can be avoided; and, if they cannot, of providing a
mechanism whereby disputes that do arise may be settled.

The purpose of the act is achieved by,

• giving effect to and regulating the fundamental rights conferred by
Section 27 of the Constitution
• fulfilling obligations of the International Labour Organization
• providing a framework for collective bargaining
• formulation of industrial policy
• promoting – orderly collective bargaining
- collective bargaining at sectorial level
- employee participation in decision
- employee participation in workplace-making
• in the workplace – effective resolution of labour disputes.
 UNIT 5 WEBINAR RECAP ON DISMISSALS
 Employees only have the right not to be unfairly dismissed.
An employer then has to ensure that when they dismiss an
employee it must be done fairly as the employee will then
not be able to take any legal action against the employer.
There are two requirements for the dismissal to be fair,
that is: Dismissals should both be procedurally fair and
substantively fair.
 Remedies for unfair dismissal are that you either reinstate,
re-employ, compensate or the labour court gives a labour
court order.
 UNIT 6:COLLECTIVE
BARGAINING
This unit focuses on the concept of collective bargaining and the concept of
trade unions in South Africa.
The relevant labour legislation shall also be expanded on.
 INTRODUCTIO
N
One of the main objectives of the LRA is to provide a
framework for collective bargaining between employers,
employers’ organisations and trade unions and to promote orderly
collective bargaining and encourage employee participation in decision
making. The LRA does not make provision for a legally enforceable
duty to bargain, but gives certain rights to unions such as organisational
rights and also allows for the creation of certain bargaining structures such
as bargaining councils, statutory councils and workplace forums to
encourage and assist in the bargaining process. Refusal by an employer
to bargain can result in a power play with the trade union(s) in order
to convince the other party to bargain.
 TRADE
UNIONS
 The right to freedom of association implies that every employee has the right
to form, join and participate in the lawful activities of a trade union This right includes
not only employees, but also persons seeking employment. Contracts that limit the right
of an employee to form join or participate in a trade union and its activities are
void.

 Exceptions to the right to freedom of association is found in closed shop and agency
shop agreements. A closed shop agreement is a collective agreement between a majority
union and an employer or employer’s organisation. It requires that all employees that are
covered by the agreement become members of the trade union. An agency shop
agreement does not require an employee to become a member of the trade union that is
a beneficiary of the agreement, but non-members are required to contribute an agency
fee to the union as a condition of employment.
TRADE UNIONS AND ORGANISATIONAL
RIGHTS
- FORMS OF TRADE UNIONISM
Registered trade
union

Closed shop Representativ

e union
agreements

Agency shop Majority union

agreements
RIGHTS OF TRADE UNIONS, -OFFICIALS
AND - REPRESENTATIVES
 Right to organise and the majoritarian system
 Freedom of association
 Right to self-regulation
 Right to be recognised
 Right of access to the employer’s premises
 Right to membership dues
 Right to be consulted on retrenchments
 Right to be consulted prior to the disciplining of a shop steward
 Leave for trade union activities
 Right to elect trade union representative
 Right not to be victimized
 Right to enter into agreements on behalf of members
 Right to information
 LIABILITY OF TRADE
UNIONS

A union can be held delictually liable if the duty of care to an employer or a member
is breached.

 Compensation for losses arising out of unprotected strike action

 Compensation for losses arising from an unlawful picket
 Compensation for losses arising out of a protected strike
 Compensation to union members for wrongful advice:
 COLLECTIVE
BARGAINING
One of the fundamental purposes of the LRA is to promote orderly collective bargaining but
the Act does not stipulate how the bargaining should take place or the topics of the
bargaining. The LRA has however created a framework within which this goal of
collective bargaining should take place. The framework is where employers; trade unions,
employers organisations and employees can bargain collectively to determine terms and
conditions of employment, wages and other matters of mutual interest. (Van Niekerk & Smit,
2018:411)

Collective agreements

A collective agreement can be seen as the outcome or result of successful collective

bargaining.
 BARGAINING
STRUCTURES

Bargaining
structures

Bargaining Statutor
councils y
councils
 WORKPLACE
FORUMS

non-
wage
issues

Workplace
forums

restructuri Introduction
ng of the of new
workplace technology
STRIKES, LOCKOUTS, PROTEST ACTION AND
PICKETING

• This unit focuses on the legal subject matter pertaining to

strikes and lockouts.
• The scope of knowledge pertaining to the various strikes
which are recognized by Labour law shall also be expanded
on.

restructuri Introducti
ng of the technology
workplace
 STRIKES VS LOCKOUTS
The Constitution provides for a right to strike to all
workers and the protection of those workers. This
right to strike has been enacted by the LRA to explain
the practical implantation of the right to strike and
employer recourse to lockout.

restructuri Introducti
ng of the technology
workplace
 SUMMAR
 Y
Workers may join a trade union
association.
and enjoy their constitutional right to freedom of

 Law such as agency shop and closed shop agreements allows certain limitations to the
freedom of association

 right of employees to join a trade union is protected by the Constitution and the LRA.

 Unions may be held liable for losses as a result of an unprotected strike,

 Workplace forums create a platform for the participation of employees in decision-

making

 The LRA promotes orderly collective bargaining and the effective resolution of
disputes.