Industrial Relations Flashcards
Some Human Rights (9)
- Equality
- Freedom of expression
- Freedom of association
- Political and property rights
- Housing
- Healthcare
- Education
- Woman’s rights
- Childrens rights
Inclusivity
The right to equal opportunities and inclusion in all aspects of life
Labour Relations Act
Provides basic legal framework for the South African labour relations system
Objectives of the LRA (4)
- Enforce fundamental rights
- Ensure SA’s international obligations
- Provide collective bargaining framework
- Promote effective resolution of labour disputes
Trade Union
Employees of a particular undertaking, industry, trade or occupation associated for the purpose of regulating relations in that area
Employer Organisation
Same as a Trade Union, but for employers to work together and negotiate with Trade Unions
Functions of a Trade Union (6)
- Protecting the rights of workers
- Improving conditions by addressing
> Salaries
> Employee benefits
> Job security
> Physical work environment - Representing in negotiations
- Representing in discipline issues
- Labour advice
- Industrial peace
Collective Bargaining
- Contract negotiations
- Handling of grievances
Industrial action (6)
- Stike
- Go-slow
- Work-to-rule
- Picketing
- Lock-out
- Secondary action
Collective bargaining structures (3)
- Bargaining council
- Statutory council
- Workplace forum
Grievance Procedure (7)
- Employee grievance
- Supervisor
- HR manager
- Private Agency/Bargaining Council
- CCMA
- Labour Court
- Labour Appeal Court
Protected strike procedure (5)
- Any collective agreement procedures must be followed
- Sent to the CCMA in writing
- CCMA has 30 days to try settle
- CCMA issues certificate saying they failed
- 48 hours notice of the strike
Not protected strike (3)
- Collective agreement saying workers may not strike about issue
- Correct procedures not followed
- Parties are engaged in essential services
During a protected strike (4)
- Employees may not be dismissed for striking
- Employer cannot get court interdict
- Refusal to work is not a breach of contract
- Employer doesn’t have to pay
Unfair discrimination
Excluding employees or applicants based on race, gender, sexual orientation, age, disability, religion, political opinion, culture, language, marital status or family responsibilities
Exeptions to unfair discrimination (2)
- Affirmative action
- Inherent requirements for the job that are reasonable
Unfair treatment in the workplace (4)
- Unfair discrimination
- Unfair conduct
- Unfair suspension
- Failure or refusal of an employer to reinstate
Unfair dismissal (7)
- Ends contract with no notice
- After maternity leave
- Constructive dismissal
- Activities of the trade union
- Taking part in a protected strike
- Pregnancy
- Dismissed for arbitrary grounds
Remedies for unfair dismissal (3)
- Reinstatement
- Compensation
- A combination
The purpose of discipline (3)
- Maintain order
- Avoid problems
- Motivate employees
Disciplinary procedure (6)
- Problem develops
- Supervisor counsels worker
- A warning is issues
- Worker given adequate notice of date of hearing
- Worker represented by his shop steward
- Formal hearing
Reasons for dismissal (3)
- Misconduct
- Incapacity
- Operational reasons
Misconduct if substantively fair (5)
- If employee broke a rule of conduct
- Rule was valid or reasonable
- Employee knew of the rule
- Employer applied the rule consistently
- Dismissal is the appropriate step
Misconduct if procedurally fair (7)
- Employee notified of reason
- Employee given sufficient time to prepare
- Employee can state his case
- Employee has the right to an interpreter
- Witnesses can be cross-examined
- Employee informed of outcome
- Employee can appeal
Discipline due to poor performance meets (4)
- Failed to perform to standard
- Aware of required standard
- Given opportunity to improve
- Reason for failing was investigated
If dismissed for opperational reasons, (7)
- Reasons for retrenchment
- Alternatives considered
- Number of affected employees
- Method of selection
- Timing
- Severance pay
- Assistance offered
BCEA (7)
- Working hours
- Leave
- Maternity Leave
- Sick leave
- Public holidays
- Notice of termination of employment
- Deductions
Employment Equity Act
Eliminate unfair discrimination and provide affermative action to correct past
Three aspects fo BBBEE
- Direct empowerment through ownership
- Skills development
- Indirect empowerment through preferential treatment
Five aspects of the BBBEE scorecard
- Ownership
- Management and control
- Skills development
- Enterprise and supplier development
- Socio-econominc development
Aims of Skills Development Act (6)
- Workplace learning
- Improve investment in education and training
- Ensure quality training
- Improve employment opportunitites
- Encourage involvement
- Encourage entrepreneurship
Duty of employers under Occupational Health and Safety Act (5)
- Levels of cleanliness
- Provision of safety equipment
- Provision of health protction equipment
- Appointment of health officer
- Strategies to cope with problems
