Legislation - Labour Cuz Its Long Flashcards by Luffie M

Labour relations act applies to… *2

Employers+their organisations
Employees and their trade unions

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Labour relations act doesn’t apply to… *3

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

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Aims of labour relations act *2

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

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Implications of LRA *3

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

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Importance of disciplinary procedures in the workplace *2

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

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Disciplinary policy

Informs employees about expected standards and consequences

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Grievance procedure

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

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Steps to correct behaviour *5

*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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Correction includes *4

Written/verbal warnings
Suspension
Demotion
Dismissal

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Reasons for dismissal *3

*incapacity
*misconduct
*operational reasons

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Incapacity *2

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

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Misconduct forms *7

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

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

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Procedural fairness for incapacity or misconduct *9

*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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Operational reasons: retrenchments implemented for… *4

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

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For retrenchment to be procedurally fair… *7

*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

Unfair treatment and dismissal *10

*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

Remedies for unfair dismissal *3

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

Industrial relations

Relationship between employee, employer, government, trade unions

Aim of industrial relations

establish industrial peace

Collective bargaining

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

Industrial action

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

Industrial action

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

Types of strikes/industrial action *7

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

Reasons for industrial action

*remuneration issues *recognise trade union *unilateral changes

Unilateral changes

Changing terms and conditions without negotiation

Protected strikes *4

*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

Employees benefit from protected strike *4

*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

Lock out

Employer prevents workers from entering to force them to accept demands

When is it not a protected strike *3

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

Dispute-resolution mechanisms *2

*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

Statutory council - like bargaining council but…

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

Workplace forums *2

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

Trade unions

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

Commission for conciliation, mediation and arbitration *3

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

NEDLAC

National Economic Development and Labour Council

What is NEDLAC

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

NEDLAC aim *2

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