Study unit 10 Employment law impacting on employment relationships See page 87 – 107 Chapter 4 SU 10 Employment law 1

Outcomes Explain the purpose , role and function of the LRA with specific reference to : Freedom of association and general protections Collective bargaining Strikes and lockouts Workplace forums Trade unions and employer organisations Dispute resolutions Unfair dismissals and unfair labour practice.

Constitution Fair labour practice Join trade union, participate in activities Form, join employers’ organisation Determine own activities, bargain collectively Engaging in collective bargaining.

Levels of law in South Africa Constitution Labour Relations Act and agreements and determinations controlled by the act Basic Conditions of Employment Act Contracts of Employment Common Law

Labour Relations Act (No.66 of 1995) Purpose, scope, and application of act Economic, labour, peace, and democratisation of the workplace Applies to all employer- employee relationships Exclusions: SANDF, SASS, NIA Act applies to all employees: Person’s work is subject to the control of another Person’s hours of work are subject to control of another

Application of LRA continued… Work average 40 hours per month Economically dependent on the other Provided with tools of trade or equipment Works for or renders services to only one person.

Freedom of association and general protection Protection of employees and persons seeking employment Protection of employers’ rights Rights of trade unions and employers’ organisations.

Collective bargaining Organisational rights Trade union access to workplace Leave for trade union activities Disclosure of information

Collective bargaining The exercise of organisational rights Collective agreements Agency shop agreements Closed shop agreements Bargaining councils.

Strikes and lockouts Definition of strikes and lockouts Strikes and lockouts which are forbidden Procedures in a protected strike Strikes and lockouts in compliance with the act

Strikes and lockouts Secondary strikes Picketing Essential and maintenance services Protest action.

Strikes and lockouts, which are forbidden Collective agreement prohibits a strike Collective agreement/arbitration award is binding Collective agreement that became a determination by the Minister

Strikes and lockouts, which are forbidden Agreement binds individuals to use compulsory arbitration During first year of wage determination made in terms of BCEA A party refers dispute to arbitration/labour court Essential services.

Procedures to be followed to engage in a protected strike Dispute must be referred to bargaining/statutory council/ CCMA, certificate stating that dispute remains unresolved Refusal to bargain, advisory award required by commission 48 hours notice given to other party

Procedures to be followed to engage in a protected strike Once strike/lockout complies with the above it is protected Secondary/Sympathy strikes Picketing Essential and maintenance services Protest action.

Workplace forums Promote interests of all employees Enhance efficiency in workplace Be consulted by employer e.g. plant closure Participate in joint decision-making e.g. disciplinary codes and procedures.

Dispute resolution CCMA: Conciliation Arbitration Workplace forums

Dispute resolution Information and statistics Make an order as to costs in any arbitration Regulates the right of any person to represent any party

Dispute resolution Regulates the circumstances in which the commission may charge a fee The Labour Court The Labour Appeal Court.

Unfair dismissals Employer terminates contract with or without notice Employee has reasonable expectation that contract will be renewed on similar terms but is offered on less favourable terms Employer refused to allow employee to resume work after: She took maternity leave Was absent from work for up to four weeks before expected date of confinement and up to eight weeks after the actual birth of child

Unfair dismissals Selective reemployment Employee terminated contract with or without notice Employee’s contract terminated with or without notice because a new employer provided less favourable working conditions.

Unfair labour practice Unfair conduct – promotion, demotion, probation, training Unfair suspensions or unfair disciplinary action Failure by employer to reinstate former employee An occupational detriment in contravention of the Protected Disclosures Act.

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