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Business > Legislation - Labour Cuz Its Long > Flashcards

Legislation - Labour Cuz Its Long Flashcards

1
Q

Labour relations act applies to… *2

A

Employers+their organisations
Employees and their trade unions

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2
Q

Labour relations act doesn’t apply to… *3

A

*members of national defence
*national intelligence agency
*south african secret service

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3
Q

Aims of labour relations act *2

A

*enforce fundamental rights relating to labour issues
*promote economic development, labour peace, social justice and democracy

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4
Q

Implications of LRA *3

A

*ensures international labour standards are applied to SA
*gives guidelines on how disputes can be resolved
*trade unions protect

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5
Q

Importance of disciplinary procedures in the workplace *2

A

*purpose: punish «&laquo_space;prevent from happening in the future
*implement softest disciplinary measures appropriate to situation

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6
Q

Disciplinary policy

A

Informs employees about expected standards and consequences

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7
Q

Grievance procedure

A

Allows employees the opportunity to resolve a grievance related to his employment

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8
Q

Steps to correct behaviour *5

A

*coaching and counselling
*plan of action follows to ensure compliance
*behaviour doesn’t change - serious steps instigated
*correction - formal approach to intervention
*common misperception- 3 warnings before dismissal

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9
Q

Correction includes *4

A

Written/verbal warnings
Suspension
Demotion
Dismissal

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10
Q

Reasons for dismissal *3

A

*incapacity
*misconduct
*operational reasons

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11
Q

Incapacity *2

A

*Poor work performance, poor health
*probation established to see if worker will be able to do job satisfactory

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12
Q

Misconduct forms *7

A

*unauthorised possession of company property
*actions that threaten safety
*being under the influence
*bribery/corruption
*failure to adhere to rules
*figuting
*illegal industrial action

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13
Q

Substantive fairness for incapacity or misconduct *5 (basically what they did)

A

*employee contravened a rule
*rule was valid
*rule is consistently applied
*employee was aware of rule
*appropriate sanction is implemented

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14
Q

Procedural fairness for incapacity or misconduct *9

A

*complaint put in writing and investigated
*accused advised of full charges against them
*disciplinary hearing details given in writing
*accused entitled to an interpreter
*complainant presents case first
*either side can cross examine
*chairperson decides on guilt or innocence
*chairperson advices of rights to appeal to CCMA

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15
Q

Operational reasons: retrenchments implemented for… *4

A

*restructuring
*economic reasons
*tech reasons
*business is closing

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16
Q

For retrenchment to be procedurally fair… *7

A

*steps taken to minimise retrenchments
*alternatives
*consultation with employees and representatives
*criteria used to identify employees
*notice periods given
*offere of severance pay
*offers of re-employment

17
Q

Unfair treatment and dismissal *10

A

*unfair allocation of benefits
*unreasonably long probation
*discrimination
*failing to reemploy
*unfair treatment after whistleblowing
*participated in trade union activities
*taking part in a protected strike
*pregnency
*ends contact without noctice
*arbitrary factors

18
Q

Remedies for unfair dismissal *3

A

*re-employment
*compensation - max 24 months
*combo

19
Q

Industrial relations

A

Relationship between employee, employer, government, trade unions

20
Q

Aim of industrial relations

A

establish industrial peace

21
Q

Collective bargaining

A

Process when the employer and trade unions negotiate the terms of employment

22
Q

Industrial action

A

Steps that workers take to enforce their demands if process fails to meet demands

23
Q

Industrial action

A

Steps that workers take to enforce their demands if process fails to meet demands

24
Q

Types of strikes/industrial action *7

A

*strike
*go slow
*work to rule
*intermittent strikes
*overtime bans
*picketing
*secondary strike action

25
Q

Reasons for industrial action

A

*remuneration issues
*recognise trade union
*unilateral changes

26
Q

Unilateral changes

A

Changing terms and conditions without negotiation

27
Q

Protected strikes *4

A

*before strike issue must be referred to CCMA/statutory council, it has 30 days to resolve issue
*if not possible, certificate issued
*in private sector, 48h notice, state, 7 days

28
Q

Employees benefit from protected strike *4

A

*employees - know they can’t be dismissed
*employers cannot get court interdict to stop strike
*employers can’t seek damages because of production
*employers provide food and accommodation if part of remuneration

29
Q

Lock out

A

Employer prevents workers from entering to force them to accept demands

30
Q

When is it not a protected strike *3

A

*correct procedure has not been followed
*if there’s a collective agreement in place
*If workers engaged in essential service

31
Q

Dispute-resolution mechanisms *2

A

*Under sec 28 of LRA, bargaining councils may be formed by organisations and trade unions
*NEDLAC must agree there’s enough representation on both sides of bargaining council before it’s established

32
Q

Statutory council - like bargaining council but…

A

Agreements reached cannot be extended to other parties in the sector without the approval of minister of labour

33
Q

Workplace forums *2

A

*only established if 100+ employees
*mechanism where both sides can consult and make joint decisions

34
Q

Trade unions

A

A group of workers in a collective organisation with the aim of engaging in collective bargaining with employer/organisation

35
Q

Commission for conciliation, mediation and arbitration *3

A

*on independent dispute resolution body
*aim- settle disputes to prevent labour unrest
*the process followed - conciliation, mediation and arbitration

36
Q

NEDLAC

A

National Economic Development and Labour Council

37
Q

What is NEDLAC

A

Role player in the relationship between the business, trade unions, government and community groups

38
Q

NEDLAC aim *2

A

*make economic decision making more inclusive
*promote the goals of social equity and economic growth

Business (26 decks)

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