LABOUR RELATIONS ACT Flashcards
Purpose / main aim LRA
Enforces fundamental rights relating to the labour issues that are guaranteed in the constitution. It promotes economic development and labour peace providing framework for collective bargaining to solve labour disputes
Name 2 positives LRA
- ensures basic rights of employees and employers in workplace
- provides guidelines on how labour disputes and disciplinary issues in the workplace should be handled
Name 2 negatives LRA
- TU get a lot of power in SA and sometimes forget that they are meant to protect the rights of employees and not become involved in politics and other issues under the pretext of implementing the LRA
- all business must comply with LRA; some small business don’t have capacity or know how and can be costly to hire professionals to advise them, however ignorance is not an excuse
Disciplinary policy
Provides guidelines and informs employee on what is acceptable behaviour and what the expected standards are that’s should be met as well as outlining consequences
Grievance procedure
Allows employee opportunities to resolve a grievance related to employment by communicating with employer about the problems via a predetermined procedure and structure.
Problem > supervisor > management (if not resolved here then > CCMA +labour court
What are the 3 grounds for dismissal
- incapacity
- misconduct
- operational reasons
What is CCMA
Commission for conciliation, mediation and arbitration
What is affirmative action
To redress the imbalances of the past, justifying discrimination when promotions are made. Or for training purposes
Industrial action
Can be defined as the relationship between employer, employee and other institutions (ie government) - aim to establish industrial peace > increase worker morale + high productivity
Collective bargaining
- employer and trade unions negotiate terms of employment
Name 3 different types of strikes
- go slow
- work to rule
- Intermittent strikes
- overtime bans
- picketing
- secondary or sympathy
What is NEDLAC
National economic development and labour council
- intervene as a dispute resolution body where there are disagreements between business, TU and government