industrial relations

Question 1

how does the constitution affect businesses

Answer 1

1. human rights
2. inclusivity
3. environmental issues

Question 2

what is the human rights commission

Answer 2

assists people who feel their rights have been violated,national institution to entrench constitutional democracy

Question 3

limitations clause

Answer 3

limits rights so they do not confluct

Question 4

inclusivity

Answer 4

address issues of the past - skills development, bbbee , no discrimination, everone has access to training

Question 5

what is the LRA

Answer 5

basic legal framework for the south african labour relations system, applies to every employer and employee , covers strikes, lockouts , collective bargaining, dispute resolution, unfair dismissal and labour practice

Question 6

what does the LRA include

Answer 6

enforce constitutional rights
enforce SA international obligations
provide a framework for collective bargaining
promote effective resolution of labour disputes

Question 7

what is a trade union

Answer 7

organisation for the purpose of regulating relations between employers and employees in a specific industry, trade or occupation

Question 8

what is an employer organisation

Answer 8

serves the same purpose as a trade union but enables employers to work together to negotiate with trade unionss

Question 9

what is important for trade unions and employer organisations to do

Answer 9

have to register, have a proper constitution, consistent with LRA, must not be formed to evade law or be affiliated with a political party

Question 10

why is registration important for a trade union

Answer 10

gives rights to the organisation like allowing them to be party to the Bargaining or statutory council.

Question 11

what are the functions of a trade union

Answer 11

• protect rights of workers
• improve condition of service and employment ( salary, safety)
• represent members in negotiations with employee
• advise on labour related issues
• strive to achieve industrial peace

Question 12

what is the function of NEDLAC

Answer 12

ensure that government and labour and employers are in agreement prior to labour policies that will impact on social and economic levels. function as a body to promote economic growth

Question 13

what is collective bargaining

Answer 13

negotiation between representatives of a union and employers organisation around terms and conditions of employment and about the rights and responsibilities of trade unions

Question 14

what is a strike

Answer 14

temporary collective refusal of employees to work, to put pressure on employer to agree to demands

Question 15

what is a go slow

Answer 15

workers work slowly to slow down production , often pre empts a strike

Question 16

what is a work to rule

Answer 16

stick to the letter of their contracts reducing productivity

Question 17

picketing

Answer 17

demonstration outside workplace to show dissatisfaction with a certain issue

Question 18

lock out

Answer 18

refusal on the part of an employer to allow employees to continue working

Question 19

what are 3 collective bargaining structures

Answer 19

bargaining council
statutory council
workplace forum

Question 20

basic grievance procedure

Answer 20

employee grievance
supervisor
department manager
hr manager
private agency or statutory council
cCma
labour court
labour appeal court

Question 21

what makes a strike protected

Answer 21

collective agreement followedand then
LRA procedure followed
referred in writing to CCMA or council
try to settle dispute within 30 days
CCMA must issue a certificate saying has not been resolved
48 hours notice in writing must be given to private employer or 7 days notice to state before strike

Question 22

when is a strike not protected

Answer 22

when a collective agreement says the workers may not strike over the issue at hand
if the correct procedures have not been followed
parties are engaged in an essential service

Question 23

what happens during a protected strike

Answer 23

employees may not be dismissed
employer cannot stop the strike
strike cannot be seen as a breach of contract
does not have to pay employees

Question 24

reasons for strikes

Answer 24

wage increases
demand to recognize trade union
unhappiness around change to working condition
sympathy with a protected strike of another party

Question 25

what is unfair treatment in the workplace

Answer 25

unfair conduct
unfair discrimination
unfair conduct
unfair suspension
failure or refusal to reinstate