Business Environments Flashcards
Labour Relations Act
The Purpose of the act
Promotes collective bargaining in the workplace.
Establishes Labour Courts and Labour Appeal Courts.
Promotes fair labour practices between the employers and employees.
Promotes workplace forums to accommodate employees in decision making.
Positives of the LRA
Protects the rights of businesses in labour related issues.
Workplace forums can add value if it functions properly.
Negatives of the LRA
Employers may not get a court interdict to stop a strike.
Costs of labour increases because of legal strikes.
Actions that are considered non-compliant
Unfair/illegal dismissal of employees.
Refusing the establishment of workplace forums.
Preventing employees from joining trade unions.
Not allowing employees to take part in legal strikes.
Consequences of non-compliant
Businesses that fail to comply with this Act may risk financial costs e.g. legal/CCMA fees and fines.
Businesses will be fined if they fail to comply with the agreements reached during the dispute resolution process.
Employers may be forced to enter into a dispute resolution process.
Ways in which businesses can comply with the act
Employees should not be unfairly/illegally dismissed.
Allow/Support the establishment of workplace forums.
Employers should not breach/ignore any collective agreement.
Disclose all relevant information required by trade union representatives to do their jobs effectively.
Rights of employers
Employers have the right to lockout employees who engage in unprotected/illegal strike/ labour action.
Form employer organisations to represent them in labour related matters.
Form bargaining council for collective bargaining purposes.
Right not to pay an employee who has taken part in a protected strike for services/work they did not do during the strike.
Rights of employees
Employees may join a trade union of their choice.
Embark on legal strikes as a remedy for grievances.
Refer unresolved workplace disputes to the CCMA.
Refer unresolved CCMA disputes to the Labour Court on appeal.