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Business Studies > Industrial Relations > Flashcards

Industrial Relations Flashcards

1
Q

Some Human Rights (9)

A
  • Equality
  • Freedom of expression
  • Freedom of association
  • Political and property rights
  • Housing
  • Healthcare
  • Education
  • Woman’s rights
  • Childrens rights
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2
Q

Inclusivity

A

The right to equal opportunities and inclusion in all aspects of life

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3
Q

Labour Relations Act

A

Provides basic legal framework for the South African labour relations system

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4
Q

Objectives of the LRA (4)

A
  • Enforce fundamental rights
  • Ensure SA’s international obligations
  • Provide collective bargaining framework
  • Promote effective resolution of labour disputes
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5
Q

Trade Union

A

Employees of a particular undertaking, industry, trade or occupation associated for the purpose of regulating relations in that area

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6
Q

Employer Organisation

A

Same as a Trade Union, but for employers to work together and negotiate with Trade Unions

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7
Q

Functions of a Trade Union (6)

A
  • 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
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8
Q

Collective Bargaining

A
  • Contract negotiations

- Handling of grievances

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9
Q

Industrial action (6)

A
  • Stike
  • Go-slow
  • Work-to-rule
  • Picketing
  • Lock-out
  • Secondary action
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10
Q

Collective bargaining structures (3)

A
  • Bargaining council
  • Statutory council
  • Workplace forum
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11
Q

Grievance Procedure (7)

A
  1. Employee grievance
  2. Supervisor
  3. HR manager
  4. Private Agency/Bargaining Council
  5. CCMA
  6. Labour Court
  7. Labour Appeal Court
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12
Q

Protected strike procedure (5)

A
  • 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
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13
Q

Not protected strike (3)

A
  • Collective agreement saying workers may not strike about issue
  • Correct procedures not followed
  • Parties are engaged in essential services
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14
Q

During a protected strike (4)

A
  • 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
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15
Q

Unfair discrimination

A

Excluding employees or applicants based on race, gender, sexual orientation, age, disability, religion, political opinion, culture, language, marital status or family responsibilities

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16
Q

Exeptions to unfair discrimination (2)

A
  • Affirmative action

- Inherent requirements for the job that are reasonable

17
Q

Unfair treatment in the workplace (4)

A
  • Unfair discrimination
  • Unfair conduct
  • Unfair suspension
  • Failure or refusal of an employer to reinstate
18
Q

Unfair dismissal (7)

A
  • 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
19
Q

Remedies for unfair dismissal (3)

A
  • Reinstatement
  • Compensation
  • A combination
20
Q

The purpose of discipline (3)

A
  • Maintain order
  • Avoid problems
  • Motivate employees
21
Q

Disciplinary procedure (6)

A
  • 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
22
Q

Reasons for dismissal (3)

A
  • Misconduct
  • Incapacity
  • Operational reasons
23
Q

Misconduct if substantively fair (5)

A
  • 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
24
Q

Misconduct if procedurally fair (7)

A
  • 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
25
Q

Discipline due to poor performance meets (4)

A
  • Failed to perform to standard
  • Aware of required standard
  • Given opportunity to improve
  • Reason for failing was investigated
26
Q

If dismissed for opperational reasons, (7)

A
  • Reasons for retrenchment
  • Alternatives considered
  • Number of affected employees
  • Method of selection
  • Timing
  • Severance pay
  • Assistance offered
27
Q

BCEA (7)

A
  • Working hours
  • Leave
  • Maternity Leave
  • Sick leave
  • Public holidays
  • Notice of termination of employment
  • Deductions
28
Q

Employment Equity Act

A

Eliminate unfair discrimination and provide affermative action to correct past

29
Q

Three aspects fo BBBEE

A
  • Direct empowerment through ownership
  • Skills development
  • Indirect empowerment through preferential treatment
30
Q

Five aspects of the BBBEE scorecard

A
  1. Ownership
  2. Management and control
  3. Skills development
  4. Enterprise and supplier development
  5. Socio-econominc development
31
Q

Aims of Skills Development Act (6)

A
  • Workplace learning
  • Improve investment in education and training
  • Ensure quality training
  • Improve employment opportunitites
  • Encourage involvement
  • Encourage entrepreneurship
32
Q

Duty of employers under Occupational Health and Safety Act (5)

A
  • Levels of cleanliness
  • Provision of safety equipment
  • Provision of health protction equipment
  • Appointment of health officer
  • Strategies to cope with problems

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