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 !!!!!