Amending labour legislation

Slides:



Advertisements
Similar presentations
1 1 PRESENTED BY PETER LE ROUX Director Brink Cohen le Roux Inc. BCLR Place, 85 Central Street Houghton, Johannesburg Tel: (011) Fax: (011) 242.
Advertisements

Wildcats, ballots, interdicts and damages Strike law under siege.
CHAPTER TWELVE THE LAW RELATING TO EMPLOYEE RELATIONS.
TAKING NOTICE OF RESIGNATIONS. Lottering & Others v Stellenbosch Municipality (Labour Court) A resignation involves two separate elements –the unilateral.
CONDUCTING SECTION 188A ENQUIRIES. Introduction The proposed amendments to section 188A of the Labour Relations Act may result in increased usage of the.
THE CONSUMER PROTECTION ACT
Varying terms and conditions of employment S’bu Gule Chairman Norton Rose Fulbright South Africa 31 July 2013.
Lecturer: F.Q. Cilliers Contact number: Lecture 14.
Labour Law – ARR224 Lecture 9 The Basic Conditions of Employment Act, 75 of 1997.
Lecture 10 The Basic Conditions of Employment Act, 75 of 1997.
1 Current Labour Law 2011 Collective Bargaining Clive Thompson.
CHAPTER 19 Trade unions and industrial action. Taking industrial action is likely to be a breach of contract, but the law offers some immunity if the.
The LRA and BCEA Amendments: what is all the fuss about? Presented by: Professor Paul Benjamin.
Employment Disputes: issues and trends
Copyright © 2004 McGraw-Hill Ryerson Limited 1 PART 5 – SPECIAL CONTRACTUAL RELATIONSHIPS  Chapter 20 – Labour Law Prepared by Douglas H. Peterson, University.
DEPARTMENT OF LABOUR EMPLOYMENT EQUITY AMENDMENT BILL, 2012.
Collective Bargaining. Green (1994): Collective bargaining is a process through which an employer or group of employers negotiate the terms and conditions.
LABOUR LAW Theme 8. THEME 8 DISPUTE RESOLUTION PGL (2006: ) ;WL (2009: ) PLL (2005: ; );
Lecture  Those rules regulating the legal relationship between: ◦ employees, ◦ employers, and also between employers and employees and the Sate,
*Dr Emma Fergus Institute for Development and Labour Law, University of Cape Town.
The Legal Environment Chapter 2 © 2012 Nelson Education Ltd.
Registration and Certification of Unions in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics.
Chapter 8 Employment Laws. Employment Act Industrial Relations Act Trade Unions Act Trade Disputes Act Workmen’s Compensation Act Retirement Age Act Workplace.
1 Employment Equity Amendment Bill, 2012 PORTFOLIO COMMITTEE ON LABOUR 12 March 2013.
ABR224 Lecture 3 EEA. DUTIES OF DESIGNATED EMPLOYER [Sect. 13]  1) Consultation with Employees:  In order to ensure consensus regarding the implementation.
Lecture 4. OUTCOMES What must the equity plan include?. What must affirmative action measures include? Which factors are taken into account in determining.
STRIKING MISCONDUCT OVERVIEW OF THE RIGHT TO STRIKE Section 64 of the LRA (The right to strike and recourse to lockout) Section 67 of the LRA (Strike.
LRA Lecture 9. Labour Relations Act Introduction to Labour Law  Those rules regulating the legal relationship between:  employees,  employers, and.
Discipline and Dismissals Lecture 12.  Must be fair.  RSA courts have decided that “Fairness” constitutes: 1.Substantive Fairness - Pertaining to reason;
1 Trade Union Membership and Collective Bargaining FEDUSA Collective Bargaining Conference 27/28 January 2011 DEPARTMENT OF LABOUR.
Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright.
Labour Law Amendments by Leon Grobler Collective Bargaining Conference 2011.
Turin Challenges to National Labour laws and Rights of workers Monique Cloutier Actrav.
TRADE UNION. 1 Explain the background, the rights to unionism, and the law that govern trade union (C2) 2 Discuss the roles and responsibilities of trade.
PRESENTATION TO THE 26 TH ANNUAL LABOUR LAW CONFERENCE 2013 SANDTON CONVENTION CENTRE PRESENTATION TO THE 26 TH ANNUAL LABOUR LAW CONFERENCE 2013 SANDTON.
Collective Bargaining. Legal Framework 1993 Industrial and Labour Relations Act Cap 269 of the Laws of Zambia: as Amended by Act.No.30 of 1997 & as Amended.
LABOUR LEGISLATION PRESENTATION TO SELECT COMMITTEE 02 September 2009.
Click to edit Master subtitle style Eskom’s Comments Labour Relations Amendment Bill and Basic Conditions of Employment Amendment Bill Presentation to.
What Is Employment? Compare employee with agent and independent contractor Differences: Control test - Degree of control exercised over an employee is.
 No legal duty to bargain, but affords certain rights to trade unions: › Organisational rights; › Right to form a bargaining council; › Right to enjoy.
Department of Labour: 1 LABOUR LAW AMENDMENTS PRESENTATION TO PORTFOLIO COMMITTEE ON LABOUR 01 MARCH 2011 LABOUR LAW AMENDMENTS PRESENTATION TO PORTFOLIO.
Strategic Response to LRA Amendments 2014 Copyright: Worklaw.
© 2015 albert-learning.com Strikes And Lock Outs STRIKES AND LOCK-OUTS.
Mail and Guardian Media Ltd and others v MJ Chipu and others, CCT 136/12 (“the Chipu” judgement) 12 May
GMB Yorkshire Region Trade Union Bill Binder Bansel Head of Employment 20 February
© 2014 wheresjenny.com STRIKES AND LOCK-OUTS. © 2014 wheresjenny.com What is a strike? A strike is where employees either stop work completely, or refuse.
SAK Today and Tomorrow 1 Introduction to the Labour Law and Industrial Relations in Finland Katja Lehto-Komulainen, Senior Adviser for International Affairs.
SASLAW SEMINAR 10 DECEMBER 2015 Chris Haralambous – Cox Yeats Employment Law Assign Services – Labour Court Decision.
Collective bargaining and precarious workers Karen Curtis, Deputy Director, International Labour Standards Department.
UNDERSTANDING LABOUR RELATIONS & HEALTH AND SAFETY.
Monique Jefferson & Nadine Mather
Study unit 10 Employment law impacting on employment relationships
PRESENTED BY PROF HUGO PIENAAR
Strikes and Picketing and Trade Union Immunity
EMPLOYMENT EQUITY ACT, No 55, 1998 (EEA)
pay parity for labour broker workers? Suzanna Harvey, Cape Bar
An Overview of PSE Labour Relations after Bill 7
Presentation to Portfolio Committee on Economic Development
Termination of an employment relationship
First Collective Agreements
PROGRESS MADE REGARDING LEGISLATION PORTFOLIO COMMITTEE ON LABOUR
Labour Law Reform: National Minimum Wage Bill, BCEA and LRA Amendment Bills, 2017 Select Committee (National Council of Provinces) 20 February 2018.
2010 Georgia Ballot Amemdment
SALGA SUBMISSIONS ON THE LABOUR RELATIONS ACT & BASIC CONDITIONS OF EMPLOYMENT ACT AMENDMENT BILLS 31 JULY 2012.
„Trade union strategies on the use of ILS in labour law reforms”
General Data Protection Regulations 2018
Amendments to Legislation
Strikes and Lockouts Lecture 18.
UNFAIR LABOUR PRACTICE COMPLAINTS
LABOUR LAW TRADE UNION.
Presentation transcript:

Amending labour legislation Presenter: Murray Alexander RICA – Accessing employees’ mailboxes Employment Equity Act – Failure to submit Employment Equity Plans Section 198A of the LRA – Temporary Employment Services Strikes that are no longer functional to collective bargaining Challenges for legal practitioners Applications for legal representation – Rule 25 Concluding pre-arbitration minutes Delays in the Labour Court

Amending labour legislation Regulation of Interception of Communications and Provisions of Communicated – related Information Act (RICA) Section 5 – Employee required to provide written consent after being informed of the scope of the interception Section 6 – Employer not required to obtain prior written consent after having made all reasonable efforts to make the employee aware that their communications may be intercepted

Amending labour legislation Employment Equity Act – Failure to submit Employment Equity Plans Previously S36(1)(c) made provision for compliance orders to employers without EE Plans S37 makes provision for compliance orders excluding EE Plans S36 makes provision for written undertakings excluding EE Plans S20 allows the DOL to bring an application to the LC to fine employers from 2% (R1.5m) to 10% (R2.7m) of employer’s annual turnover

Amending labour legislation S198A of the LRA – Temporary Employment Services NUMSA v Assign Services and Others (JA96/15) [2017] ZALAC 44 (10 July 2017) TES not banned – restrict the TES to genuine temporary employment arrangement (as defined) The TES is an unwarranted “middle-man” adding no value to the employment relationship The employment relationship between the TES and the employee is terminated A new contract of employment with the client is created

Amending labour legislation Strikes that are not functional to collective bargaining Tsogo Sun Casinos t/a Montecasino - 2012 “This court will always intervene to protect both the right to strike, and the right to peaceful picketing. This is an integral part of the court’s mandate, conferred by the Constitution and the LRA. But the exercise of the right to strike is sullied and ultimately eclipsed when those who purport to exercise it engage in acts of gratuitous violence in order to achieve their ends. When the tyranny of the mob displaces the peaceful exercise of economic pressure as the means to the end of the resolution of a labour dispute, one must question whether a strike continues to serve its purpose and thus whether it continues to enjoy protected status.”

Amending labour legislation Strikes that are not functional to collective bargaining “Can a Protected Strike Lose its Status?” by Alan Rycroft Tsogo Sun opens the door to argue that a strike marred by misconduct loses its protected status Collective bargaining is the purpose of the strike – if behaviour during a strike is destructive of collective bargaining then the protected status of the strike has been jeopardised

Amending labour legislation Strikes that are not functional to collective bargaining Section 23 of SA Constitution Guarantees the right to strike Sections 64 and 65 of the LRA Limitations on the right to strike

Amending labour legislation Strikes that are not functional to collective bargaining Secret ballot required in terms of 1956 LRA Ballot required in union constitutions – S95(5)(p) Secret ballot required in terms of LR Amendment Bill 2012 – Section 64 required a secret ballot before a strike (and Certificate of Compliance from CCMA) Zwelinzina Vavi – “a secret ballot is the greatest threat to the right to strike since the fall of apartheid” Deputy President Cyril Ramaphosa: “SA should adjust labour laws so union members have to vote before striking … to curb damaging industrial action.” (July 2014)

Amending labour legislation Strikes that are not functional to collective bargaining Section 67(2) – Conduct in support of a protected strike enjoys protection against civil proceedings LR Amendment Bill 2014 – conduct in breach of picketing rules / agreement does not enjoy protection against civil legal proceedings

Amending labour legislation Strikes that are not functional to collective bargaining LR Amendment Bill 2012: Section 69(12) – Labour Court may: Order compliance with or vary picketing rules / agreements Suspend a strike or picket or lock-out or use of replacement labour in appropriate circumstances

Amending labour legislation Strikes that are not functional to collective bargaining NUFBWSAW v Universal Product Network (2016) ILJ 476 (LC) Employer sought an order that the strike was unprotected because it was no longer functional to collective bargaining as a result of the violence and political nature of the strike Court held that in appropriate circumstances a protected strike could be declared unprotected “on account of levels and degrees of violence which seriously undermine the fundamental values of our Constitution.” Such a conclusion should not be reached lightly because it infringes the constitutional right to strike Court found that the nature and degree of the violence was not so severe to result in the strike not being functional to collective bargaining and union had made efforts to curb the violence

Amending labour legislation Applications for legal representation

Amending labour legislation Concluding pre-arbitration minutes Rule 20(1) – parties must hold a pre-arbitration conference if directed to do so by the Director Commissioner may direct parties to hold a further pre-arbitration conference Commissioner may make an order for costs against a party that fails to attend a pre-arbitration conference without justifiable reason

Amending labour legislation Delays in the Labour Court Clause 11.2.2 of the Practice Directive – Record to be filed within 60 days Clause 11.2.3 – if fail to file within prescribed time or fails to obtain consent for extension of time or fails to apply to JP for an extension of time if consent refused, then application is deemed to have been withdrawn Clause 11.2.7 – all necessary application papers must be filed within 12 months. If not, application is archived and regarded as lapsed unless good cause is shown NUMSA obo Matabane v Fabricated Steel Manufacturing

Amending labour legislation Conclusion Presenter: Murray Alexander Norton Rose Fulbright SA Inc. Email: murray.alexander@nortonrosefulbright.com Tel +27 31 582 5640 Cell +27 83 454 8811