Labor relations act Flashcards
Collective bargaining
The process of engaging and solving labour disputes collectively between trade union representatives and employer organisations
CCMA
An independent dispute resolution body that promotes cooperation and industrial peace
Labour court
Adjudicates on matters relating to labour disputes that cannot be resolved by the CCMA
Labour appeal court
Can amend/reverse any judgements made by the labour court
Labour relations act
An enabling framework that regulates the relationship between employees and employers
-It promotes democracy in the workplace through the prevention of unfair labour practices
The purpose
-Promotes collective bargaining at the workplace
-Promotes simple procedures for the registration of trade unions and employer organisations
-Promotes fair labour practices between employers and employees
-Established the CCMA, Labour court , and labour appeal court
Impact of the LRA on businesses
Positive;
-Promotes quick and less expensive labour dispute resolutions
-Prevents unfair discrimination in the workplace because equal opportunities are promoted for all employees
-Protects the rights of business and employer organisations in labour-related issues
-Ensures the participation of all parties in the collective bargaining process which reduces conflict in the workplace
Impact of LRA (negatives)
-May reduce the global competitiveness of business due to lower workplace productivity
-Decreased profitability of businesses because of a decline in productivity and sales
-Productivity may decrease significantly due if employees engage in trade union-related activities during work hours
Actions regarded as non-compliance by the LRA
-Dismissing employees unfairly or illegally
-Preventing employees from participating in legal strikes
-Dismissing employees who participate in legal strikes
-Preventing employees form forming and joining trade unions
Penalties/Consequences for non-compliance
-May receive large fines
-The business’s licence may be revoked
-May be forced to enter into a dispute resolution process
-May receive a compliance order from the Labour court that forces the business to comply
Ways to comply
-Display a summary of the LRA in the workplace where it is visible to all employees
-Employees must be allowed to for trade unions and participate in trade union-related activities or legal strikes
-The establishment of workplace forums must be supported by employers
-Fairness should be promoted and employees should not be unfairly/illegally dismissed
Rights of employers in terms of LRA
-Recourse a lockout
-Form employer organisations
-Dismiss employees who engage in unprotected strikes
-Form bargaining councils for the purpose of collective bargaining
Rights of employees in terms of LRA
-Join a trade union
-Establish a workplace forum when a business has 100 or more employees to resolve work-related issues
-Embark upon legal strikes as a remedy for grievances
-Refer unresolved workplace disputes to the CCMA
