LRA

1. LRA Lecture 12

2. Functions of CCMA • Dispute resolution through conciliation and arbitration; • Establishment of workplace forums; • Advise parties on procedures; • Assist parties to obtain legal advice or –representation; • Accreditation of councils or private agencies and subsidise such accredited councils/agencies; • Conduct, oversee or scrutinise any election or ballot; • Research into matters relevant to its functions; • Compile and publish information and statistics; • Offer to resolve a dispute that has not been referred to it through conciliation; • Publish guidelines in relation to any matter dealt with in the Act. Classnotes are insufficient for study purposes.

3. CCMA House Johannesburg

4. Labour Court • Exclusive jurisdiction i.t.oany matter relating to the LRA. • Can refuse to hear a matter if no attempt has been made to conciliate the dispute. • Parties can appeal to the Labour Appeal Court. • Powers: • To make an appropriate order eg. Interdict, compensation, etc. • Order compliance with any provisions of the Act; • To make an Arbitration award an order of court; • Request CCMA to do an investigation; • Dispute resolution; • Condone late filing of documentation; • Review; • Hear an appeal. Classnotes are insufficient for study purposes.

5. Labour Appeal Court • Final court of appeal against decisions of the Labour Court. Can confirm, set aside or amend a judgment. • Can decide legal questions on request of Labour Court. • Decision is final and there is no right to appeal against its final judgment. Classnotes are insufficient for study purposes.

6. Workplaceforums • Ensure worker participation in the workplace. • Consultation and joint-decision making become possible. • 100 or more employees in the workplace can establish a WPF. All employees enjoy representation, not only trade union members. • Platform where the employer consults with all employees on broader issues within the workplace such as restructuring, work grading, policy issues, etc. • Joint-descision making is required regarding procedures, disciplinary codes and policy regarding AA. Classnotes are insufficient for study purposes.

7. Trade unions and employers’ organisations • An association of employees whose principle purpose is to regulate relations between employees and employers, including any employers’ organisations. • Employers’ organisation is any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and employees or trade unions. Classnotes are insufficient for study purposes.

8. UK Trade Union

9. Registration of Trade unions( Review) • Application together with the constitution of the trade union is submitted to the Registrar of Labour Relations. • If the Registrar is satisfied that the trade union complies with all the requirements, a certificate must be issued and the name of the trade union must be entered into the register of trade unions. Notice must be given in the Government Gazette. • Requirements: • Name must not be confusing or misleading; (ANC vs COPE) • Constitution must be accepted and comply with all prescribed requirements; • Must have an address in the Republic; • Must be a genuine trade union or employers’ organisation in conformity with principles laid down by the Minister in consultation with NEDLAC; • Must be independent. • Upon registration a trade union receives the legal capacity (juristic person) to become a member of a bargaining council. • Registration will be cancelled once the Labour Court finds that the trade union is no longer independent or to be wound-up. Classnotes are insufficient for study purposes.

10. Bargaining councils( revisions) • Replace old industrial councils. Registered trade unions end employers and members of trade unions are willingly bound together as a bargaining unit, which serves as a coordinating body. • Bargaining councils are established by one or more trade unions on the one hand and one or more registered employers’ organisations and/or State on the other. Classnotes are insufficient for study purposes.

11. Establishment of a council • Parties • Registered trade union/EO • Application can be made to become a member of a BC. • Constitution • Equal representation is required. • Additional : representatives, meetings, quorum, etc. • Registration • Prescribed form with a constitution. • Registrar will invite objections from the public. • NEDLAC will consider and demarcate the sector. • Certificate is issued and BC is noted in the register. • Cancellation of registration • When council no longer perform its functions; • Labour Court ordered winding-up of BC; • Collective agreements lapse after 60 days unless it regulates conditions of employment, then it will lapse in 1 year / or when agreement terminates. Classnotes are insufficient for study purposes.

12. Functions of BC • Conclude and enforce collective agreements; • Prevent and resolve labour disputes; • Establish and administer fund for resolving of disputes; • Promote, establish and administer various funds/schemes for the benefit of the parties; • Submit proposals to NEDLAC on policy and legislation that may affect the sector and area; • Determine by collective agreement the matters which may not be an issue in dispute for the purpose of a strike/lock out; • Confer on workplace forums additional matters for consultation; • Provide industrial support services within the sector; • Extend the services and functions of the council to workers in the informal sector and home workers. Classnotes are insufficient for study purposes.

13. BC in the public service • Public Service Co-ordinating Bargaining Council (PSCBC): • May perform all functions of a bargaining council in respect of those matters that: • Are regulated by uniform rules, norms and standards that apply across the public service; • Apply to terms and conditions of service that apply to 2 or more sectors within the public sector; • Are assigned to the State as employer in respect of the public service that are not assigned to the State as employer in any other sector. Classnotes are insufficient for study purposes.

14. Statutory Councils • Establishment and registration • No BC in the area. • Registered trade unions/EO with 30 % members in the area can apply for the establishment of the council. • Notice of establishment must be published in the Government Gazette and will include an invitation to trade unions and EO to serve on the council. Registrar will issue a certificate and note establishment of the SC in the register. • SC may change its status by applying to the Registrar to be registered as a BC. Classnotes are insufficient for study purposes.

15. Powers of a SC • Promote dispute resolution; • Promote and establish training and education schemes; • Establish and administer pension-, provident funds/schemes, etc. for the benefit of one or more of the parties to the SC or their members; • Conclude Collective agreements, extend its powers and functions to include any functions of a BC. • disputes – CCMA – Conciliation - Arbitration Classnotes are insufficient for study purposes.