U4 ch 5 Flashcards
What does Section 23 of the Constitution state regarding labour rights?
Everyone has the right to fair labour practices. However, the Constitution does not define “fair labour practices.”
Does the Constitution define “fair labour practices”?
No, the Constitution does not define “fair labour practices.”
How does the LRA (Labour Relations Act) differ from the Constitution regarding fair labour practices?
The LRA provides that only employees have the right to fair labour practices, excluding employers.
What is an “unfair labour practice” according to Section 186(2) of the LRA?
An unfair labour practice is any unfair act or omission between an employer and employee involving promotion, demotion, probation, training, benefits, suspension, or failure to reinstate or reemploy.
What must an employee prove in cases of unfair conduct regarding promotion?
The employee must prove an existing employment relationship and that the action would have been a promotion involving an increase in remuneration, benefits, or status.
What constitutes unfair conduct by an employer in terms of demotion?
A unilateral variation of terms and conditions that significantly reduces wages or seniority may constitute an unfair labour practice.
What is the purpose of probation under the LRA?
The purpose of probation is to allow the employer to determine if the employee can perform the required work.
How is the failure to provide training considered an unfair labour practice?
If the employer does not train an employee when required by contract or policy, or if the refusal to train is arbitrary or inconsistent, it may constitute an unfair labour practice.
What are the two types of suspension according to the LRA?
Punitive suspensions (after a disciplinary hearing) and precautionary suspensions (pending a disciplinary enquiry).
When can a precautionary suspension be considered unfair?
If the suspension is unreasonably long or the employer does not follow its own disciplinary code.
What remedies are available for unfair labour practices under Section 191 of the LRA?
Remedies include reinstatement, reemployment, or compensation, with compensation limited to 12 months’ wages.
What is a “protected disclosure,” and how does it relate to unfair labour practices?
A protected disclosure is made in good faith, and if an employee suffers an occupational detriment as a result, it may be considered an unfair labour practice.
