Employment Law and Impact on Relationships

1. Study unit 10 Employment law impacting on employment relationships See page 87 – 107 Chapter 4 SU 10 Employment law 1

2. Outcomes • Explain the purpose , role and function of the LRA with specific reference to : • Freedom of association and general protections • Collective bargaining • Strikes and lockouts • Workplace forums • Trade unions and employer organisations • Dispute resolutions • Unfair dismissals and unfair labour practice.

3. Constitution • Fair labour practice • Join trade union, participate in activities • Form, join employers’ organisation • Determine own activities, bargain collectively • Engaging in collective bargaining.

4. Levels of law in South Africa Constitution Labour Relations Act and agreements and determinations controlled by the act Basic Conditions of Employment Act Contracts of Employment Common Law

5. Labour Relations Act (No.66 of 1995) Purpose, scope, and application of act • Economic, labour, peace, and democratisation of the workplace • Applies to all employer- employee relationships • Exclusions: SANDF, SASS, NIA • Act applies to all employees: • Person’s work is subject to the control of another • Person’s hours of work are subject to control of another

6. Application of LRA continued… • Work average 40 hours per month • Economically dependent on the other • Provided with tools of trade or equipment • Works for or renders services to only one person.

7. Freedom of association and general protection • Protection of employees and persons seeking employment • Protection of employers’ rights • Rights of trade unions and employers’ organisations.

8. Collective bargaining • Organisational rights • Trade union access to workplace • Leave for trade union activities • Disclosure of information

9. Collective bargaining • The exercise of organisational rights • Collective agreements • Agency shop agreements • Closed shop agreements • Bargaining councils.

11. Strikes and lockouts • Definition of strikes and lockouts • Strikes and lockouts which are forbidden • Procedures in a protected strike • Strikes and lockouts in compliance with the act

12. Strikes and lockouts • Secondary strikes • Picketing • Essential and maintenance services • Protest action.

13. Strikes and lockouts, which are forbidden • Collective agreement prohibits a strike • Collective agreement/arbitration award is binding • Collective agreement that became a determination by the Minister

14. Strikes and lockouts, which are forbidden • Agreement binds individuals to use compulsory arbitration • During first year of wage determination made in terms of BCEA • A party refers dispute to arbitration/labour court • Essential services.

15. Procedures to be followed to engage in a protected strike • Dispute must be referred to bargaining/statutory council/ CCMA, certificate stating that dispute remains unresolved • Refusal to bargain, advisory award required by commission • 48 hours notice given to other party

16. Procedures to be followed to engage in a protected strike • Once strike/lockout complies with the above it is protected • Secondary/Sympathy strikes • Picketing • Essential and maintenance services • Protest action.

17. Workplace forums • Promote interests of all employees • Enhance efficiency in workplace • Be consulted by employer e.g. plant closure • Participate in joint decision-making e.g. disciplinary codes and procedures.

18. Dispute resolution • CCMA: • Conciliation • Arbitration • Workplace forums

19. Dispute resolution • Information and statistics • Make an order as to costs in any arbitration • Regulates the right of any person to represent any party

20. Dispute resolution • Regulates the circumstances in which the commission may charge a fee • The Labour Court • The Labour Appeal Court.

21. Unfair dismissals • Employer terminates contract with or without notice • Employee has reasonable expectation that contract will be renewed on similar terms but is offered on less favourable terms • Employer refused to allow employee to resume work after: • She took maternity leave • Was absent from work for up to four weeks before expected date of confinement and up to eight weeks after the actual birth of child

22. Unfair dismissals • Selective reemployment • Employee terminated contract with or without notice • Employee’s contract terminated with or without notice because a new employer provided less favourable working conditions.

23. Unfair labour practice • Unfair conduct – promotion, demotion, probation, training • Unfair suspensions or unfair disciplinary action • Failure by employer to reinstate former employee • An occupational detriment in contravention of the Protected Disclosures Act.

24. THE END !!!!!