Environments [Labour Relations Act]

Question 1

The Labour Relations Act

Answer 1

provides a framework for sound labour relations and it protects employees against unfair labour

Question 2

Purpose of the LRA

Answer 2

• makes provision for collective bargaining
• makes provision for the resolution of labour disputes
• makes provision for trade unions and explains the role of trade unions
• regulates the right to strike and the right to lockouts in accordance with the constitution

Question 3

A strike is legal when?

Answer 3

• the dispute has been referred to the CCMA or a relevant council
• 30 days have passed since the dispute was referred to this body
• a certificate has been issued stating that the dispute remains unresolved
• 48 hours’ written notice of the strike is given to the employer or 7 days’ notice if the State is the employer

Question 4

An illegal strike?

Answer 4

• the employees are providing an essential or maintenance service
• the employees are bound by an agreement or arbitration decision
• the dispute must go to the Labour Court for arbitration

Question 5

Employers rights?

Answer 5

• dismiss employees according to legal procedures
• not pay an employee who participated in a protected strike for services or work that have not been preformed during the strike
  -implement a lawful lock-out whereby employees are not permitted to enter the workplace before a dispute has been settled

Question 6

Employees rights?

Answer 6

• be treated fairly and have the right to fair processes of labour dispute settlement
• participate in the founding of a trade union and to join a union
• take a reasonable amount of time off work, with pay, to perform trade union duties
• participate in a protected legal strike

Question 7

Positive impact of LRA (business)

Answer 7

• promotes a healthy relationship between the employer and employees
• provides protection for employers who embark on lawful lock-outs
• labour disputes a settled quicker and less expensive

Question 8

Negative impact of LRA (business)

Answer 8

• employers may not dismiss employees at will, as procedures have to be followed
• strike actions always result in loss of production for which employers may not claim

Question 9

Non-compliance actions [LRA]

Answer 9

• forming employees to give up trade union membership
• preventing employees from joining trade unions
• not allowing employees to take part in legal strike
• dismissal of employees participating in a legal strike

Question 10

Collective bargaining

Answer 10

is when employees and their employer negotiate and bargain over aspects concerning their jobs and their workplace

Question 11

Trade union

Answer 11

is an organisation formed by workers to protect their interest through collective bargaining

Question 12

Commission for Conciliation, mediation and Arbitration (CCMA)

Answer 12

an independent dispute-resolution body that attempts to promote co-operation and industrial peace

Question 13

Labour Court

Answer 13

adjudicates matters relating to labour disputes that cannot be resolved by the CCMA.
The Labour court has the same status s a High Court
Appeals are logged at the Labour Appeal Court.